Day 073 - 13 Jan 95 - Page 03

     1   MR. JUSTICE BELL:  - at some stage you choose take as it as read
     2        into the evidence.  You are at liberty to highlight any
     3        particular matters which you think may not be clear to me
     4        on a reading because you think that to someone like myself
     5        coming from outside it may need further explanation.  If
     6        you want him to expand within the limits of not going off
     7        on to some completely new territory which has not been
     8        given notice of, then certainly do that.
    10        So far as publicity for the evidence of any witness in this
    11        case where a short form is taken, or a shorter form, by
    12        saying:  "Are you happy for your statement to be read into
    13        your evidence-in-chief?" is concerned, certainly once that
    14        form of words is followed, the statement which is on the
    15        court file is public, taken to be public, and anyone is
    16        entitled to see a copy of it.  So, you need not -- I do not
    17        know whether it was a matter which might have concerned
    18        you, but you need not think that for some reason the
    19        contents of the statement are kept out of necessary view if
    20        you take that course.  You take your own course, but it may
    21        save time if you bear those matters in mind.
    23   MR. MORRIS:  Thank you.
    25   MR. JUSTICE BELL:  Remember, if this helps, speaking in the very
    26        simplest terms, at the end of the day what I may be most
    27        concerned of here is the extent to which I can see from
    28        what areas of forest timber is taken for pulp which becomes
    29        paper or paperboard used by McDonald's.  When I say "from
    30        what areas", I mean both quantitatively and
    31        geographically.  Then the next step may be to see to what
    32        extent taking those trees does or may damage the
    33        environment in any of a number of possible ways.
    35        If you want, in the light of what Mr. Rampton has said, a
    36        few minutes to think about the matter, I will be happy to
    37        give them to you to discuss the matter with Ms. Steel.
    39   MR. RAMPTON:  My Lord, I should perhaps add this:  Your Lordship
    40        has put your finger on the reason, precise reason, why
    41        I made the decision I have so far as Mr. Hopkins' written
    42        statement is concerned.  I should not want the Defendants
    43        to misunderstand what I have said as some kind of
    44        concession.  The reason that I think I need not
    45        cross-examine Mr. Hopkins is I do not believe what he says
    46        in his written statement bears in any significant way upon
    47        the issues which your Lordship will have to decide in this
    48        case.
    50   MR. JUSTICE BELL:  That will be a matter for argument. 
    52   MR. RAMPTON:  Indeed so, but I do not want the Defendants to 
    53        misinterpret my silence in the way they have in the past.
    55   MR. JUSTICE BELL:  Can I make a suggestion that you take a bit
    56        of time now; you do not have to, I am quite happy to go
    57        straight on and, if you want, you can just flip through
    58        what has appeared on Case View over the last few minutes.
    60   MR. MORRIS:  Five minutes will be fine for us.

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