Day 072 - 12 Jan 95 - Page 31


     
     1        earlier observed, to call these people as witnesses; they
     2        have not done so.
     3
     4   MR. JUSTICE BELL:  Yes, if when we get to the end of Mr. Stump
     5        you want me to explain what I see the status of the letters
     6        is, do so.  In fact, I will say something now; if
     7        Mr. Rampton disagrees, I hope he will interrupt.
     8
     9        Obviously, the existence of the letter is evidence of the
    10        fact that it was written.  The fact that it is in the
    11        bundle at all shows that it was received by McDonald's.  It
    12        is not evidence of the truth of the contents.  There has
    13        been no Civil Evidence Act Notice in relation, so far as
    14        I am aware, to the letters and if there were a Civil
    15        Evidence Act Notice there might be a counter notice
    16        requiring you to call the person which would be valid
    17        unless the person was, for instance, abroad.
    18
    19        In so far as you ask someone about the contents of the
    20        letter and the concessions made by the McDonald's witness,
    21        then obviously that may be evidence of the existence of
    22        environment/index.html">litter, or something of that kind; call Mr. McIntyre, he
    23        will give evidence from the witness box.  But what at the
    24        moment I do not think I can do is read Dr. Taylor's letter
    25        and say that that is evidence that in or about September
    26        1993 the regular McDonald's patrol system has broken down.
    27        Do you understand?
    28
    29   MS. STEEL:   It is evidence that they believe that it has broken
    30        down, but not that it has broken down.
    31
    32   MR. JUSTICE BELL:  No, I do not think it is.  It is evidence of
    33        the fact that they wrote that it had broken down and
    34        nothing beyond that.  I mean, if you can find an argument
    35        to persuade me otherwise, I will very readily listen to it,
    36        but  -----
    37
    38   MR. RAMPTON:  No, my Lord.  One has to accept that it might be
    39        that they believed it; it might be that it was a deliberate
    40        lie.  One has no way of telling.
    41
    42   MR. JUSTICE BELL:  It is very tempting to say, well, no doubt
    43        Dr. Taylor is very respectable and I would like to believe
    44        what he had written, but as I see it at the moment I am not
    45        legally able to do that.
    46
    47   MS. STEEL:  I do understand that it is not evidence that the
    48        environment/index.html">litter patrols were not in existence but, as I understood
    49        it, it is evidence that the residents think that they are
    50        not in existence. 
    51 
    52   MR. JUSTICE BELL:  I do not think it is.  That is partly why it 
    53        may be that Mr. Rampton is concerned about that and that is
    54        why he raised the matter and that is why I brought it out
    55        into the open.
    56
    57   MR. RAMPTON:  My Lord, it was because Ms. Steel used the form of
    58        words "seemed to believe" that I intervened when I did
    59        because I thought she was drifting in the wrong direction;
    60        as it turns out, I think I am right.

Prev Next Index