Day 302 - 18 Nov 96 - Page 07
1 sticking to the...
2
3 MR. RAMPTON: Yes.
4
5 MS. STEEL: I want to come back on what Mr. Rampton said about
6 the spys' notes. I don't really think it becomes him to
7 try and say it is our own fault for cross-examining the
8 witnesses about other parts of the notes. After all, he
9 selectively chose the points that suited him and if we had
10 not cross-examined the spies on other parts then all the
11 contributions and flaws in the evidence would not have been
12 exposed. So it was hardly likely that we were just going
13 to stick to what he had asked questions about.
14
15 The second thing is that as a consequence of that, when we
16 asked about whether the whole notes went in and we were
17 told that they did not go in, Mr. Rampton could have got
18 up, as an experienced advocate, and said, "Well, if you
19 cross-examine on this other part which I have not asked
20 questions about, it will then go in as evidence". And
21 I think that that would have been a dignified approach to
22 take.
23
24 The third thing is that, as I understood from what
25 Mr. Rampton said, I think three weeks ago, he had prepared
26 his closing speech and it was ready although it was not
27 typed up, and I do not quite see why he cannot at minimum
28 provide us with -- I understand if he does not want to
29 provide the argument about it, I don't understand why he
30 cannot provide at minimum a list of the references
31 specifying which parts of the notes he wants to rely on in
32 addition to those which were mentioned specifically in the
33 witness box. So I would like to request that that be
34 done. And that is about it, really.
35
36 MR. JUSTICE BELL: I am not going to make a direction that it
37 be done. I have made a request that it be done. I will
38 wait and see what happens. As with so many things in
39 litigation, I do not even know whether, theoretical point
40 though it may be, it turns out to be a point of any
41 practical consequence whatsoever.
42
43 MS. STEEL: The problem is, if Mr. Rampton does not give us
44 advance notice, seeing as this is not something that has
45 been pleaded by them or we have had notification that, you
46 know, which specific parts are going to be relied on, we
47 would have to have an entitlement to come back on those
48 points.
49
50 MR. JUSTICE BELL: I will consider that if it arises. I am not
51 sure that is so on face value because one does not have to
52 give notice in advance of all the matters in evidence which
53 one intends to rely on, whether by pleading or any other
54 kind of less formal written notice, that when one comes to
55 speeches one canvasses that which is in evidence which one
56 thinks is important enough to mention. What I suggest is
57 we leave it there and wait and see what happens. If you
58 think, as a result of Mr. Rampton referring to something
59 which, rightly or wrongly, you did not expect him to refer
60 to, you have been put at a disadvantage, you have to tell
