Day 153 - 12 Jul 95 - Page 47


     
     1        I was given the statement to refer to.  I may have been
     2        shown a page and I may have been shown the statement.
     3
     4   MR. JUSTICE BELL:  Where are we going on this now?  Mr. Davis
     5        has said he cannot remember it, that he first had to think
     6        back about to six years after it happened and he is not
     7        disputing for a moment that it did happen.
     8
     9   MR. MORRIS:   OK.
    10
    11   MR. RAMPTON:  Can I enquire whether we have left the temperature
    12        on a couple of cold days in the winter of 1987?
    13
    14   MR. MORRIS:   Very likely.
    15
    16   MR. RAMPTON:  If we have, then can I assume that what Mr. Alimi
    17        says about it on pages 14 and 15 of his statement is now
    18        abandoned? .
    19
    20   MR. MORRIS:   You cannot assume -----
    21
    22   MR. JUSTICE BELL:  No, I do not think you can make any
    23        assumption.
    24
    25   MR. RAMPTON:  My Lord, there are things there which definitely
    26        ought to be put to Mr. Davis because they concern his
    27        conduct and the propriety of his behaviour as Manager.
    28
    29   MR. JUSTICE BELL:  Yes, let me just have a look.
    30
    31   MR. RAMPTON:  My Lord, it is the second paragraph on 14 and the
    32        top of page 15.
    33
    34   MR. MORRIS:   I think we could take the opposite course, that as
    35        Mr. Davis was swearing a statement in counter to our
    36        witness statements that anything he did not specifically
    37        disagree with in our statements which then, obviously, he
    38        accepts.
    39
    40   MR. JUSTICE BELL:  I am not making the assumption against you
    41        that you have abandoned it because you have not put it, but
    42        I do think you should put the detail.  I appreciate that
    43        you may not have done because it can get very tiresome if
    44        you put, but wherever there is an allegation which is not
    45        just say a matter of fact, but may actually reflect on the
    46        character of the witness, I think you ought to put it.
    47
    48   MR. MORRIS:   All I am saying is that Mr. Davis chose what he
    49        wanted to disagree with when he did his statement, no doubt
    50        under advice from the Plaintiffs.  I do not see why we 
    51        should have to refer to every single incident mentioned in 
    52        our witness statements which he has countered.  It would be 
    53        logical for us to assume that he agrees with all the things
    54        that he has not specifically ------
    55
    56   MR. JUSTICE BELL:  Certainly, if you get to speeches and make
    57        that assumption, I am afraid you are going to be very
    58        disappointed.
    59
    60   MR. MORRIS:   No, I am just countering Mr. Rampton's -----

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