Day 204 - 15 Jan 96 - Page 24


     
     1   MR. JUSTICE BELL:  Do not answer that question.  It is not one
     2        which the witness can usefully answer.  I am just going to
     3        consider the answers which all the witnesses give
     4        purportedly from their own experience and decide what
     5        I think is the most likely course of events.  It is not for
     6        the witness to speculate about that.  It is for the judge
     7        to form his own judgment on it.
     8
     9   MR. MORRIS:  Can I say that I want to give the witness an
    10        opportunity to say, if I was going to accuse him of being a
    11        liar, whether he was mistaken or he did not remember
    12        everything.
    13
    14   MR. JUSTICE BELL:  You do not need to do that.  If you are going
    15        to accuse him of lying rather than saying what he observed
    16        rather than what other people may have observed, you put it
    17        to him.  Think, first of all, whether you need to, but you
    18        put it to him, if you feel you must.
    19
    20   MR. MORRIS (To the witness):  Can you categorically say that the
    21        watering down of food products which you did not -----
    22
    23   MR. JUSTICE BELL:  No, do not answer that.  It is just another
    24        way of what you have put before.  If you want to suggest
    25        that he is lying rather than being mistaken or only
    26        speaking of his own experience, put it to him, but what you
    27        are asking him to answer now is really a comment which in
    28        due course you may make to me.
    29
    30   MR. MORRIS:  OK, I will leave it.
    31
    32   MR. JUSTICE BELL:  Yes, I would.  There is no need to pursue
    33        it.
    34
    35   MR. MORRIS:  No further questions.
    36
    37   MR. RAMPTON:  I have no re-examination, my Lord.
    38
    39   MR. JUSTICE BELL:  Yes, thank you, Mr. Harney.
    40        A.  Thank you.
    41
    42                        (The witness withdrew)
    43
    44   MR. JUSTICE BELL:  I said that Mr. Davis did not need to be here
    45        until 2.00.  I gather from an enquiry which Mr. Riley made
    46        on my behalf of Mrs. Brinley-Codd that is when he is
    47        expected.  It is not anticipated that he will come
    48        significantly earlier?
    49
    50   MR. RAMPTON:  No, I do not think he will, my Lord, no.  He comes 
    51        some distance -- I forget where from. 
    52 
    53   MR. JUSTICE BELL:  Yes.  So be it.  I do not want to embark on
    54        anything which involves any argument because I do want to
    55        start Mr. Davis at 2 o'clock, but are there any things on
    56        Mr. Morris' list which are really just for discussion, as
    57        it were, which we might deal with or embark upon in the
    58        next few minutes?  If there are not, then I will rise and
    59        we will resume at 2 o'clock with Mr. Davis' evidence.
    60

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