Day 206 - 22 Jan 96 - Page 24

     
     1
     2        There is a third objection to it which is in relation to
     3        the contents, the second sentence of the first numbered
     4        paragraph, the first sentence of the third numbered
     5        paragraph, the last sentence of the penultimate paragraph
     6        and the -----
     7
     8   MR. JUSTICE BELL:  Can you start those again?
     9
    10   MR. RAMPTON:  Yes, my Lord, I am sorry, I went too quickly.  The
    11        second sentence of the first paragraph ---
    12
    13   MR. JUSTICE BELL:  Yes.
    14
    15   MR. RAMPTON:  -- the sentence beginning, "given the strict",
    16        then the first sentence -----
    17
    18   MS. STEEL:   Is that down to the end?
    19
    20   MR. RAMPTON:  Yes, down to the end of the italics.  The first
         sentence of paragraph No. 3 down to the words, "this rule";
    22        the second and last sentence of the penultimate paragraph
    23        which has no number on it beginning, "it is therefore" and
    24        ending "from above" and the whole of the last paragraph are
    25        a combination of speculation or opinion and, perhaps,
    26        hearsay.
    27
    28        It does not lie in the mouth of Mr. Alimi to make comments
    29        of that kind.  He is not an expert witness.  He never rose
    30        up very far in the organisation.  He can certainly, if this
    31        is admitted at all which, in my submission, it ought not to
    32        be for the reasons which I have just ------
    33
    34   MR. JUSTICE BELL:  When did Mr. Alimi give his evidence?
    35
    36   MR. RAMPTON:  It was in November, my Lord.  I cannot remember
    37        exactly when -- on 4th December.
    38
    39   MR. JUSTICE BELL:  Yes.
    40
    MR. RAMPTON:  My Colchester witnesses began on 11th January.
    42        This is plainly a response to the statement which we
    43        served, I forget when it was, but it would have been some
    44        time in December or early January -- I suspect December --
    45        and it should have been delivered to us before our
    46        witnesses gave evidence, so that in so far as there were
    47        assertions of fact in the statement which, I accept, is not
    48        very far, they should have had the chance to deal with it.
    49        So, in my submission, it should not be admitted at all,
    50        whether by calling Mr. Alimi or by way of a Civil Evidence 
    51        Act statement. 
    52 
    53   MS. STEEL:   If I can say, it is actually my fault, I think,
    54        that this was not served before then.  The reason for that
    55        is that Mr. Morris gave it to me, I do not know whether, it
    56        was probably on the 10th rather than the 9th, and we should
    57        have discussed it, but I was ill that week.  It basically
    58        just got lost under the mass of things that had to be done
    59        at a time when I was really feeling quite ill.
    60