Day 260 - 11 Jun 96 - Page 19

     
     1        witness's view or -----
     2
     3   MR. JUSTICE BELL:  Well, you have a choice of approaches.  You
     4        could ask him: "Was everything which went down into your
     5        notes your best recollection of what occurred?"  That gets
     6        in everything you might want to use to your own advantage.
     7        But you can then challenge things which you dispute
     8        actually happening.
     9
    10   MS. STEEL:  I think it will take longer if we do it that way
    11        round.
    12
    13   MR. MORRIS:  I mean -----
    14
    15   MR. JUSTICE BELL:  Or you can -----
    16
    17   MS. STEEL:   We should just -----
    18
    19   MR. JUSTICE BELL:  Or you can go through and ask Mr. Bishop if
    20        some specific matter you want to take advantage of did
         happen, and then, while you are there, challenge anything
    22        which you do challenge on the same occasion.  But whereas
    23        you should do your best to challenge everything which you
    24        do dispute which might be of any significance, I invite you
    25        to be sparing about the matters which you want him to aver
    26        as definitely occurring.
    27
    28   MR. MORRIS:  Yes.
    29
    30   MS. STEEL:   The thing is, there are parts of the notes which do
    31        not relate to -- well, are not referred to in his statement
    32        and, therefore, as it stands, are not part of his evidence;
    33        and, to save time, it seems a bit daft us going through,
    34        picking up every part of the notes that we disagree with,
    35        because it might take a very long time, particularly in
    36        respect of some of the witnesses.
    37
    38   MR. JUSTICE BELL:  You only need to pick up the ones which you
    39        disagree with which will bite on an issue in the case.
    40
    MS. STEEL:   In other words, that are something to do with
    42        McDonald's?
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MS. STEEL:   Right.
    47
    48   MR. JUSTICE BELL:  Well, something to do with McDonald's or ---
    49
    50   MS. STEEL:   With the way that we were involved in the group? 
    51 
    52   MR. JUSTICE BELL:  -- something which might indicate that people 
    53        were working as a group, as a team, something on that sort
    54        of line.  But, you see, my difficulty in advising you on
    55        this is that I do not know just how much you do challenge
    56        and how much you do accept.  The basic principle is that it
    57        is not in evidence just because it is in his note, unless
    58        it has been led by one party or another.
    59
    60   MS. STEEL:  So, the best thing is if any part we want to rely