Day 305 - 25 Nov 96 - Page 05
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2 MR. RAMPTON: My Lord, I am sorry, Mr. Morris is now giving
3 evidence.
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5 MR. MORRIS: We have heard -----
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7 MR. RAMPTON: He declined to do that.
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9 MR. MORRIS: I have signed and sworn an affidavit to that
10 effect.
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12 MR. JUSTICE BELL: That is not in evidence.
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14 MR. RAMPTON: No.
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16 MR. MORRIS: Is it not?
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18 MR. RAMPTON: No.
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20 MR. MORRIS: So, this affidavit is in evidence, but the other
21 affidavit is not?
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23 MR. JUSTICE BELL: Well, the affidavit which you have sworn,
24 which I anticipate the Plaintiffs will rely on, is put in
25 as a document made by you, containing an alleged admission
26 by you.
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28 MR. MORRIS: Yes. So that the affidavit which I swore to
29 counter it is not in evidence?
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31 MR. JUSTICE BELL: No -- not unless you persuade me, because of
32 some reason which I have overlooked, that it is in
33 evidence.
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35 MR. MORRIS: I just assumed it was.
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37 MS. STEEL: There is still the evidence from me about
38 circumstances.
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40 MR. JUSTICE BELL: There is, indeed, but -----
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42 MS. STEEL: That affidavit comes in.
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44 MR. JUSTICE BELL: There is; and I will have to evaluate that,
45 as I will have to evaluate to what extent, if at all, what
46 is in what you call the Haringey affidavit is an admission.
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48 MR. MORRIS: Yes.
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50 MR. JUSTICE BELL: But there is no evidence from you, unless you
51 draw my attention to something, as I say, which I have
52 overlooked or some rule of law of evidence which I have
53 overlooked, there is no evidence from you.
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55 MR. MORRIS: At the moment, I have been considering -- and
56 I would like to at least reserve that position -- that the
57 affidavit which I swore to counter that and the letter from
58 the solicitor about the circumstances are part of the
59 evidence in this case. I do not believe that the
60 Plaintiffs challenged them at any stage and, therefore,
