Day 068 - 16 Dec 94 - Page 04
1 when they should have been served six months ago, we have
2 not had the opportunity to make the enquiries which we
3 ought to have had. In consequence of that, I would invite
4 your Lordship to say that we should have at least the
5 remainder of the weekend, today and the next following two
6 days, before any mention is made of these documents in
7 cross-examination of Dr. Gomez Gonzales.
8
9 I further say this, in advance of that, that there may be
10 questions about these documents which Dr. Gomez Gonzales
11 cannot answer or where he may give an answer which is not
12 the right answer because he is uncertain of what the facts
13 are. It may be that in due course we shall ask your
14 Lordship's leave to put in Civil Act evidence to deal with
15 what is contained in these documents.
16
17 My Lord, for the present, I would ask that we should have
18 three days (as against six months, which is what we should
19 have had) to get further information about these documents
20 and the allegations which they may or may not make.
21
22 MS. STEEL: We are prepared to leave that issue until Monday.
23
24 MR. JUSTICE BELL: You are?
25
26 MS. STEEL: Yes.
27
28 MR. JUSTICE BELL: Very well.
29
30 MR. RAMPTON: My Lord, I only add this observation in advance of
31 any cross-examination to Dr. Gomez Gonzales about these
32 documents: whilst he may be able to give general answers
33 about the systems, may or may not be able to, it is quite
34 apparent that he cannot answer detailed questions about the
35 particular incidents. I would invite your Lordship to
36 inform the Defendants now that cross-examination about
37 particular incidents of this witness would be a pointless
38 waste of time.
39
40 MR. JUSTICE BELL: So far as the last matter is concerned, I am
41 not going to make any ruling at this stage with regard to
42 what questions Ms. Steel or Mr. Morris should ask. All
43 I will say is that which is really obvious, that if they
44 ask a question about any document and Dr. Gomez Gonzales
45 says: "Well, I really know nothing about that", they must
46 accept that unless there is some at least half decent
47 reason to believe that he ought to know something about
48 it. But that is not a legal ruling; that is just common
49 sense.
50
51 MR. MORRIS: Are we going to get an objection before we
52 cross-examine every witness from the Plaintiffs that
53 invites comment before that witness speaks? We have had
54 this a number of times. We know what has been said before
55 on this. We are quite aware of what the situation is. We
56 think it is an abuse of procedure for Mr. Rampton to
57 continually bring it up for the benefit of the witnesses
58 standing in the witness box. I do not want this to occur
59 again. We know what the position is and, you know, it can
60 be dealt with.
