Day 153 - 12 Jul 95 - Page 53
1 that something was not put, because you are representing
2 yourselves. It is quite right that that has the potential
3 advantage, so far as time is concerned, that the matter is
4 not delayed by putting everything, but in relation to some
5 witnesses, anyway, I think we have to be a bit more careful
6 about putting things. That is especially so where the
7 credit of a witness is involved where, in giving judgment,
8 I may be put to deciding not just whose evidence is more
9 reliable, but whether someone has actually been not telling
10 the truth on his oath.
11
12 However that may be, there is only one safe course to take,
13 if Mr. Rampton or Mr. Atkinson says, "I would like that put
14 to this witness", and that is, whatever the general
15 procedure has been so far, to put it.
16
17 MR. MORRIS: Yes.
18
19 MR. JUSTICE BELL: Mr. Rampton has a responsibility not just to
20 conduct the case on behalf of the First and Second
21 Plaintiffs, but also, to some extent, to give such
22 protection as he properly can, such personal protection as
23 he properly can, to any witness whom he calls, so that they
24 do not take an unnecessary risk of being criticised by me
25 in the future because something which, according to our
26 normal rules of procedure, should be put was not put.
27
28 That is the way I see it. So I think you can proceed on
29 this basis, that I will not assume that you have abandoned
30 an allegation because it is not put to a particular
31 witness, that you must do your very best to put certainly
32 the more serious allegations with which a particular
33 witness can deal to that witness, that if there is an
34 allegation which one of you anticipate one of your
35 witnesses is going to make which actually reflects on the
36 honesty and good faith of the witness, you should put it,
37 and that if Mr. Rampton in effect says, "Well, now we are
38 in a particular sensitive and important area here, so I
39 would like the detail put", then you should do that.
40
41 It is not him telling you what questions you should ask; it
42 is what would normally prevail; and all he is saying is,
43 "Well, I would like all the proper formalities observed
44 now we have got to this part of the case."
45
46 MR. MORRIS: Yes. The only thing I have to say is that,
47 effectively, Mr. Davis has been called as rebuttal for the
48 statements that we have brought forward from the Colchester
49 store; and that is, in fact, the character of his
50 statements, they are rebuttal statements.
51
52 If Mr. Rampton, for reasons best known to himself, or
53 Barlow Lyde & Gilbert did not originally ask Mr. Davis to
54 comment on certain points and then, when he is in the
55 witness box, did not in examination-in-chief put to him
56 certain points that they knew would be coming up, then I do
57 not think Mr. Rampton should be able to put the pressure on
58 us, or it should be seen as something which crops up in
59 this case quite a lot, about us being Defendants in person
60 and, therefore, we cannot possibly expect to know the
