Day 011 - 12 Jul 94 - Page 43
1 part of a statement and saying: "Do you agree with that?"
which has not happened with Professor Duxbury.
2
However, that does not mean that you are not entitled to
3 cross-examine on something in the statement which you want
to challenge or pursue.
4
MISS STEEL: Right.
5
MR. JUSTICE BELL: If there was something in the statement
6 which you thought was contrary to your interests, and has
not been adduced in chief, you do not have to
7 cross-examine on that, in fact, it may be counter
productive to do so because you would bring in something
8 which is not in evidence so far.
9 MISS STEEL: Actually, it was a matter of clarification because
there was something which I am not sure if it was a
10 mistake.
11 MR. JUSTICE BELL: It depends whether you want evidence on that
topic in or not, if it is not there already.
12
MR. RAMPTON: What Miss Steel, I think, may be asking your
13 Lordship is whether I am entitled to use any material in
the statement which is not given by Professor Duxbury in
14 evidence orally in court and the answer is, no.
15 MR. JUSTICE BELL: If someone is shown their statement they
produce and say: "Did you make that statement? Are its
16 contents true?" and they say: "Yes", then it is in
evidence.
17
MISS STEEL: Right.
18
MR. JUSTICE BELL: You have just used that formula to save
19 time, but unless they do that it is not.
20 MISS STEEL: But when you come to read through all the papers,
you are not going to read the statement, you will be
21 reading what is said on the transcript?
22 MR. JUSTICE BELL: I will read what is said on the transcript.
I mean, I will not pretend, for instance, I might not look
23 at Professor Duxbury, I do not know, if I thought there
was a bit of general knowledge there which helps me to
24 understand an answer, but I will not rely upon something
which is in his statement which is not given in the
25 witness box.
26 MISS STEEL: Well, it is ------
27 MR. JUSTICE BELL: If you want to say what point it is which is
troubling you, but you not have to if you think ------
28
MISS STEEL: There are two things, they are fairly simple, but
29 it I think perhaps it would be better to bring them up.
One of them is on page 5 where it says, this is in the
30 second paragraph: "It is for this reason that SORG is now
advocating the use of chlorine loading of the tropisphere
