Day 277 - 10 Jul 96 - Page 07
1 want to bring evidence that she received it we have to call
2 her?
3
4 MR. JUSTICE BELL: It is not the Plaintiff's position, it is
5 whether Mr. Rampton took the point or not I would not be
6 able to accept it as evidence of the truth of that. Even
7 if he had not raised the point at all I would just make a
8 mental note as, in fact, I did before Mr. Rampton spoke,
9 that that was not evidence of the truth of what she said.
10
11 MS. STEEL: So, you are saying that the position is there is no
12 evidence that that leaflet was given to that person in
13 Hounslow on that day, and that if we want to have evidence
14 of that we will have to call her?
15
16 MR. JUSTICE BELL: You first of all have to ask my leave to call
17 her, which you may very well not get at this stage in the
18 proceedings. But, the step is for you to first of all
19 decide whether you want to try and prove that anyone did
20 receive that leaflet in a certain way in Hounslow. If you
21 do, then you would have to obtain a statement and ask my
22 leave to serve it on the other side and ask my leave to
23 call the witness, and I would deal with your application.
24 If I gave you leave you could call her, if I did not give
25 you leave you would have to do without that evidence.
26
27 As I have said on a number of occasions when an
28 objection is taken on one side or the other, I cannot make
29 any decision of fact in this case upon inadmissible
30 evidence.
31
32 MS. STEEL: Right. I just was not sure what was being said.
33
34 MR. ATKINSON: Can I just hand a document to your Lordship,
35 which is the 1995 Alistair Fairgrieve chart?
36
37 MR. RAMPTON: They are not, my Lord. They are Taylor Nelson
38 charts.
39
40 MR. ATKINSON: Sorry, the ones that you referred to.
41
42 MR. RAMPTON: The ones your Lordship asked for the other day.
43
44 MR. JUSTICE BELL: The ones which he had long-hand copies of at
45 one time, faxes.
46
47 MR. RAMPTON: These are not they, these are the equivalent for
48 1995, which is all that they were able to locate.
49
50 MR. JUSTICE BELL: Where should I put those?
51
52 MR. RAMPTON: Behind Mr. Fairgrieve's statement, I suggest, for
53 the moment, my Lord, which is in yellow 5, page 8, and his
54 tab number is 3.
55
56 MR. JUSTICE BELL: Before you start your evidence again I am
57 going to pretend you are still down there for a moment. I
58 think you have got to take a realistic look at the extent
59 to which you actually need to prove that this leaflet or
60 that press release was actually obtained by some person on
