Day 207 - 23 Jan 96 - Page 06
1 out the audit myself, but I just presumed that the document
2 has been correctly carried out.
3
4 Q. Yes. If you, for example, go to page 179 -- and this is in
5 the -----
6
7 MR. JUSTICE BELL: Can I just make a point on the documents? You
8 obviously do not have to put everything -- I am not
9 inviting you to do so -- but at some stage, in order to
10 make your point, at the end of the case, if a witness has
11 not actually looked at it, I invite you to make up a list
12 of what you think are the most important entries which help
13 you. For instance, I have noticed two there.
14
15 MR. MORRIS: Yes, I was going to come on to them.
16
17 MR. JUSTICE BELL: I am not inviting you to put it. All I am
18 doing is trying to help by saying that if at some stage you
19 provide me a list of page references of things you rely on
20 in documents like that, do you understand?
21
22 MR. MORRIS: Yes. Is it right that we will be able to go
23 through these documents with Mr. Logan and point out
24 anything of relevance?
25
26 MR. JUSTICE BELL: You can, if you like, or, subject to anything
27 Mr. Rampton wants to say, you can at a later stage just
28 give me your list of things like this which support -----
29
30 MR. RAMPTON: I think I said yesterday that Mr. Logan can only
31 give evidence about documents in so far as he has direct
32 knowledge of what is stated in them. It is no good
33 Mr. Morris making a speech through Mr. Logan any more than
34 it is in cross-examination. If Mr. Henden, for example,
35 has said, well, he does not know but he assumes that what
36 is written in these documents is correct, then it is a
37 waste of time and all your Lordship needs, as your Lordship
38 has said, is a list of passages on which the Defendants
39 ------
40
41 MR. JUSTICE BELL: Yes. Can I demonstrate it in this way: if,
42 for instance, it were part of Mr. Logan's evidence that a
43 young man called Paul Evans regularly worked late after
44 12 midnight, and if there was difficulty with Mr. Logan
45 getting that evidence out, it would be legitimate for you
46 to say, "Look at page 167 in tab 9", and then help him, as
47 it were, to his actual evidence. But what is not fruitful
48 is just using Mr. Logan as a conduit to refer to documents
49 which speak for themselves (like the audit reports do) when
50 you can just give me a list of references, because all you
51 are doing then is making arguments to me through Mr. Logan
52 which you can perfectly well do at the end of the day.
53
54 MR. MORRIS: Yes. But, in reality -----
55
56 MR. JUSTICE BELL: I mean, what you are doing, in effect, is
57 using Mr. Logan as the advocate in the witness box to just
58 refer me to a document ---
59
60 MR. MORRIS: No.
