Day 043 - 01 Nov 94 - Page 05
1 relevant to the cross-examination of Mr. Green. Leaving
2 aside the question of why we have not had them before, can
3 I please ask that we are given them now; and may I have
4 your Lordship's leave, if necessary, to talk to Mr. Green
5 about them over the adjournment?
6
7 MR. JUSTICE BELL: Yes. What I propose to do, insofar as there
8 is late production of documents, either side to be at
9 liberty at a convenient moment to consult their witnesses
10 in relation to those documents. That applies to you, as
11 well. But I would like to be told in open court that it is
12 proposed to do that, so that if there is any objection from
13 the other side it can be raised.
14
15 MR. RAMPTON: That is why I raised it now, my Lord. The other
16 thing I should say is this, that so far as evidence of
17 Mr. Hawkes is concerned, those documents which were served
18 at the end of yesterday's hearing are, in effect, a
19 considerable extension to the evidence of Sue Dibb; they
20 are no more than that, so far as I can tell. How far she
21 can prove the factual statements which they contain, I am
22 not presently sure. It is for that reason that before
23 Mr. Hawkes is recalled, I should wish the opportunity to
24 enquire into the factual basis of what is asserted in some
25 of those documents, because they raise questions which are
26 not in Miss Dibb's original statement.
27
28 MR. JUSTICE BELL: Yes. The only difficulty I see in relation
29 to that -- and I will wait and hear what you have to say --
30 it has never been necessary for cross-examination that you
31 are in a position to call admissible evidence to establish
32 that which you put to the witness, provided you have some,
33 what I will call, reasonably respectable basis of
34 instruction for putting it. Indeed, even that rule is
35 partly reliant upon the code of conduct of the Bar rather
36 than any strict rule of procedure and that members of the
37 Bar are not supposed to put things which they do not have
38 some basis for thinking might be right, which is a very
39 general approach. But I will hear what you have to say in
40 due course in relation to that.
41
42 MR. RAMPTON: I might as well say it now. That is not the
43 position, so far as I understand it, because Miss Dibb is
44 coming to give evidence and, if she is able to give
45 admissible evidence about these things, they are things
46 I need to deal with in my own evidence.
47
48 MR. JUSTICE BELL: But, on the other hand, if there has been a
49 report in some publication -- at the moment, I would have
50 thought the Defendants are entitled to put it to the
51 witness. The witness may say, "No, I know of no basis for
52 that" or "I positively disagree with it." Then, unless the
53 Defendants establish it by admissible evidence, it goes
54 from the case, evidentially, wherever else it may go. But
55 they are entitled to put that point, are they not?
56
57 MR. RAMPTON: They are entitled to put it, yes. It is simply
58 unfortunate if the witness, if he had been given proper
59 notice, could have dealt with it; because he has not, he
60 cannot.
