Day 188 - 15 Nov 95 - Page 59
1 MR. MORRIS: Actually we have found it.
2
3 MR. JUSTICE BELL: I think, in case it is not clear, if
4 Ms. Tobin wants to stay, of course she is perfectly at
5 liberty to do so, but there is no need for her to do so.
6
7 MR. MORRIS: I have explained, yes. We have found our notes on
8 which bits Mr. Rampton was objecting to, so if we can just
9 be given a bit of time we will just -- maybe if you could
10 indicate the ones which you want help from us on.
11
12 MR. JUSTICE BELL: Let me just look.
13
14 MR. MORRIS: I think it starts on page 2.
15
16 MR. JUSTICE BELL: I have not got anything marked on page 2. My
17 first marking is page 4.
18
19 MR. RAMPTON: That is right. My Lord, I did mention a short
20 passage, a phrase between hyphens on page 2, but your
21 Lordship said at the time perhaps it did not matter very
22 much, so I left that and went straight to page 4. My
23 principal objection on page 4 is to the whole of the first
24 paragraph and to the first two sentences of the second
25 paragraph, which is a combination of rumour, hearsay and
26 speculation on the part of the witness.
27
28 MR. MORRIS: Well -----
29
30 MR. JUSTICE BELL: Just pause a moment.
31
32 MR. RAMPTON: It is not inviting the Defendants to reply to that
33 now. I am just identifying the parts that I objected to.
34
35 MR. JUSTICE BELL: I need not trouble you about that because
36 I made a note of Mr. Rampton's argument. I am minded to
37 take the view that it is admissible, but the question of
38 weight may be entirely another matter.
39
40 MR. RAMPTON: Then my next objection was -----
41
42 MR. JUSTICE BELL: I will not make formal rulings on these
43 matters. I will just say as we come to them, and if anyone
44 wants me to make a ruling with reasons, clear reasons,
45 I will do so but otherwise not.
46
47 MR. RAMPTON: My Lord, my next objections are on page ten, the
48 two middle paragraphs.
49
50 MR. JUSTICE BELL: I have got on page 7 ----
51
52 MR. RAMPTON: No, did I say something about page 7? Yes, your
53 Lordship is quite right. Kevin -- I submitted, I think,
54 must clearly go.
55
56 MR. JUSTICE BELL: I need you to address me, Mr. Morris, on the
57 words from part of the statement on page 7 from, "Kevin
58 volunteered" -- that is the end of the second line -- down
59 to "recognised it instantly", because that appears to me to
60 be hearsay, plain hearsay.
