Day 175 - 18 Oct 95 - Page 20

     
     1        Then further down the same page: "What I am anxious to
     2        avoid is witnesses on whichever side embarking on new
     3        topics or new substantial incidents within topics which
     4        they deal with in their statements......"
     5
     6   MR. JUSTICE BELL: Can you take that more slowly?
     7
     8   MR. RAMPTON:  I am sorry.  It is an important passage.
     9
    10   MR. MORRIS:  Can you start that again?  "I have no
    11        objection" -----
    12
    13   MR. RAMPTON: "What I am anxious to avoid......"
    14
    15   MR. JUSTICE BELL:  Start again with "no objection to
    16        elaboration".
    17
    18   MR. RAMPTON: "What I do not expect I will have any objection
    19        to....."
    20
    MR. JUSTICE BELL: Can you take that very slowly?
    22
    23   MR. RAMPTON:  Yes.  "......is elaboration on some topic which is
    24        touched on in the statement."  Then your Lordship moved on
    25        to say that your ruling only applied to employment
    26        witnesses, and you did not think -----
    27
    28   MR. JUSTICE BELL: There was a bit -----
    29
    30   MR. RAMPTON:  Then it goes on after that -- I am just trying to
    31        put it so that -- your Lordship said this:  "What I am
    32        anxious to avoid is witnesses on whichever side embarking
    33        on new topics or new substantial incidents within topics
    34        which they deal with in their statements without prior
    35        warning, because that is the whole point of having written
    36        statements."
    37
    38        I will read the next passage and, if your Lordship would
    39        like me to, I will then read it slowly, so that everybody
    40        can get it down.  But I will read it first to see whether
         your Lordship wants me to read it at dictation speed.
    42
    43        Your Lordship then said: "It cannot be a reason for not
    44        having to do that that you are not represented and may not
    45        see your witness until the night before.  It is a fact of
    46        the case that you are not represented, but there is
    47        absolutely no point in having statements of witnesses
    48        served if, in fact, the witness when called embarks on a
    49        whole lot of new matters of which no reasonably detailed
    50        warning is given in their statements." 
    51 
    52        What I understand in large part Mr. Morris now wants to do 
    53        is to ask for the very detail which ought to have been
    54        included in the statement or, at any rate, of which we
    55        should have had forewarning before this gentleman came to
    56        give evidence -- some considerable time of course so that
    57        we could deal with it.
    58
    59        I say that with some additional feeling because, as
    60        your Lordship knows, I said at the beginning of the case