Day 261 - 12 Jun 96 - Page 76


     
     1
     2   MR. JUSTICE BELL:  I think we have done it often enough now for
     3        me to assume that no admission has been made that no
     4        positive case that it positively was not there is being put
     5        forward, because I think I made it quite clear to Ms. Steel
     6        and Mr. Morris that if there is a positive case that it was
     7        not there it should be put to a witness who has given
     8        anything which might be interpreted as evidence that it was
     9        there.
    10
    11   MR. RAMPTON:  I am grateful for that.
    12
    13   MR. JUSTICE BELL:  So, I am not going to assume that it is
    14        conceded that it was there.
    15
    16   MR. RAMPTON:  I understand that.
    17
    18   MR. JUSTICE BELL:  Unless you put it, so we are absolutely
    19        clear, unless you put it to a witness that it positively
    20        was not there, I am assuming that you are not necessarily
    21        admitting that it was, you are not putting a positive case
    22        that it was not, you are in an in-between situation where
    23        you are saying you do not know and you are merely going to
    24        submit to me, in due course, that the evidence called by
    25        the Plaintiffs is not sufficient to prove on balance of
    26        probabilities that it was there.
    27
    28   MR. RAMPTON:  My Lord, I am very content with that.
    29
    30   MR. JUSTICE BELL:  That is the assumption I will make, because
    31        I do not want to keep nagging you about putting things
    32        positively.  But if your case positively is that the
    33        leaflet complained of was not there at any stage by any
    34        witnesses who said that it was, or handled in any way in
    35        which it is said by a witness that it was handled, then you
    36        must put the positive challenge.
    37
    38   MR. RAMPTON:  I am grateful for that, my Lord.  The only other
    39        thing I need to mention is the question of Professor
    40        Crawford in the first place, who is due on Monday and
    41        I assume will arrive in court on Monday.  I have not had
    42        anything yet.
    43
    44   MR. JUSTICE BELL:  Do you know what position is with regard to
    45        Professor Crawford?  Is he still in the States?
    46
    47   MS. STEEL:   As far as I know, he was coming back either -- it
    48        might be today or tomorrow.  So, I will try and phone him
    49        tonight.
    50 
    51   MR. JUSTICE BELL:  I would like you to get on to him, because we 
    52        have reason to believe he will say something extra, and if 
    53        he is hoping to say something extra it should be in
    54        Mrs. Brinley-Codd's hands as soon as possible, and
    55        certainly before we separate at the end of this week.
    56
    57   MR. RAMPTON:  Yes.  I only say that because if it is an ordinary
    58        factual witness, like a publication witness, I can usually
    59        manage that without much notice; but if it is a scientific
    60        witness, and if Professor Crawford says anything very

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