Day 122 - 05 May 95 - Page 02
1 Friday, 5th May 1995.
3 MS. STEEL: Before we continue with the cross-examination,
4 I discovered last night that the statement of Mr. Nicholson
5 that is in the trial bundles is different to the one that
6 was served on us. The statement in the trial bundles has
7 never actually been formally served. It has not been
8 brought to our attention by the Plaintiffs that they had
9 put a different statement in the trial bundle. There are
10 quite substantial differences.
12 MR. JUSTICE BELL: Yes.
14 MS. STEEL: We had this problem with Professor Walker on
15 additives as well when the Plaintiffs substituted a
16 different statement for him in the trial bundles to the one
17 that was served on that occasion. We actually asked for
18 reassurance that this was not going to happen again, that
19 no other statements have been substituted without
20 notification. That was on 19th September.
22 MR. JUSTICE BELL: Tell me where the differences are.
24 MS. STEEL: The first one is in paragraph 21. There is a
25 sentence that has been cut out of that paragraph. Do you
26 want me to read it?
28 MR. RAMPTON: Out of which statement, my Lord? I know nothing
29 of this; I need guidance too.
31 MR. JUSTICE BELL: It is tab 1, is it? Is this the statement
32 dated 7th June 1991?
34 MS. STEEL: Yes, but in actual fact, they are both dated
35 7th June 1993.
37 MR. JUSTICE BELL: But is it tab 1 rather than tab 2 then?
39 MS. STEEL: Yes, it is tab 1.
41 MR. JUSTICE BELL: My second one is not dated. It is not signed
42 or dated, the one I have. In the bottom left-hand corner
43 it has "24th May 1994".
45 MS. STEEL: You have a different one altogether then.
47 MR. JUSTICE BELL: It says: "This statement is supplementary to
48 my first statement served in June 1993" ----
50 MS. STEEL: No, that is the second statement; we wanted the
51 first statement.
53 MR. JUSTICE BELL: Yes, I know, I know that now. That is why
54 I was asking you which one you were referring to.
56 MS. STEEL: Did I not say the first one?
58 MR. JUSTICE BELL: I cannot remember; you may have done and I
59 just did not pick it up. All I was doing is verifying
60 which one it was.