Day 276 - 09 Jul 96 - Page 22


     
     1        does not mean that my reaction is that it does not mean
     2        that you admit what the witness is saying, but at the end
     3        of the day when I look at the evidence, and I do not have
     4        any particular point of evidence in mind, what it may mean
     5        is that a witness has said something or it has been
     6        incorporated by virtue of their statement and there has
     7        been no evidence to contradict it.  I have still got to
     8        assess its reliability insofar as it relates to any matter
     9        in issue.
    10
    11             But, however that may be, you have just got to get on
    12        and give your evidence on the points which you do remember
    13        and which you to think are important.
    14        A.  Yes, okay.
    15
    16   MR. RAMPTON:  My Lord, perhaps I could help.  Plainly there are
    17        passages in my witness's evidence via the witness
    18        statements or the notes which I shall rely on at the end of
    19        the day.  The fact that it was not challenged by Miss Steel
    20        when she gave evidence in chief will not bother me in the
    21        slightest and I do not suppose it will bother your
    22        Lordship.  Where I shall get troubled is if, in closing the
    23        case, either Mr. Steel or Mr. Morris advances a positive
    24        case about which they did not give evidence.
    25
    26   MR. JUSTICE BELL:  Well, that may be.  I can only rely upon the
    27        evidence I have heard.
    28
    29   MR. MORRIS:  Sorry.  Can I just say?  Mr. Rampton has got a
    30        case, he has to put it to Miss Steel when she is in the
    31        witness box.  If he has got any case against her his
    32        obligation is to put it.
    33
    34   MR. JUSTICE BELL:  I am not going to tell Mr. Rampton how to
    35        conduct his case.
    36
    37   MR. MORRIS:  That is what I was told repeatedly throughout the
    38        case, if we have a point that we are challenging the
    39        witness.
    40
    41   MR. JUSTICE BELL:  Mr. Morris, I do not need to be told what the
    42        courts procedures are, I am afraid.
    43
    44   MR. MORRIS:  I am only adopting the same principles that I was
    45        told applied to questioning of witnesses before.
    46
    47   MR. JUSTICE BELL:  Well, there we are.  You have just got to
    48        deliver your evidence to the best of your ability and deal
    49        with what you think is important which you recall, and we
    50        will see where we are at the end of the day.
    51
    52   MR. MORRIS:  Well, if Mr. Rampton does not put any--
    53
    54   MR. JUSTICE BELL:  Look, Mr. Morris, this is completely
    55        inappropriate.  Mr. Rampton has not even started cross
    56        examining yet.  When he cross-examines I will hear what he
    57        puts.  I will hear what the answers are in the autumn.  You
    58        will be addressing me, or Miss Steel, one way or the
    59        other.  What is not appropriate is to rehearse what your
    60        view of the proper procedures are at this stage.

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