Day 025 - 16 Sep 94 - Page 09
1 MS. STEEL: Yes. Can I ask what is the position with
2 solicitors?
3
4 MR. JUSTICE BELL: No-one can -- no-one should talk, the normal
5 -- no-one should talk to the witness about their
6 evidence. If they go home they should not talk to their
7 husband, wife, son, daughter, partner, anyone about it.
8 They are in purdah so far as their evidence is concerned.
9
10 MS. STEEL: Can we get advice on it at lunch time?
11
12 MR. MORRIS: Obviously, we would never encourage a witness to
13 say anything, but does it reflect on anything that has
14 been said this morning as far as the witness's evidence
15 has been given? As far as the evidence given this
16 morning, does it reflect on anything in the way you judge
17 what he has said?
18
19 MR. JUSTICE BELL: No, not unless Mr. Rampton makes some
20 specific point. My guess is Mr. Rampton has made this
21 point as a way of making sure that you know that it must
22 not be done. You can take whatever advice you like in the
23 lunch hour, but if someone tells you something different,
24 it is wrong. It is an extremely well-established rule; I
25 do not suppose you would have been told it.
26
27 MR. MORRIS: No, we appreciate what you are saying.
28
29 MR. JUSTICE BELL: I do not think Mr. Rampton is going to make
30 any point on Mr. Gardner's evidence in relation to it.
31 Unless and until he does, it will not affect whatever my
32 view will be of Mr. Gardner's evidence, so do not worry
33 about that, but do remember the rule in the future.
34
35 If at any stage you are concerned about how the rule might
36 affect you in a particular circumstance ask for guidance.
37
38 MS. STEEL: I was not intending to say if we got advice
39 someone would say something different; I meant in terms of
40 what would happen in getting advice.
41
42 MR. RAMPTON: Your Lordship is right. I brought that up
43 because it was apparent from the questions asked this
44 morning that the witness knew what was coming; secondly,
45 in order that your Lordship should have the opportunity to
46 tell the defendants in clear terms what they were doing
47 was not permitted; third, no, nothing arises out of what
48 happened in this case; fourth, perhaps I could say this
49 through your Lordship, it does sometimes occur, more
50 frequently than one would like, that a witness makes a
51 mess of some parts of his examination-in-chief. The right
52 time to clear that up is in re-examination or in
53 continuing questions, but not with the witness in between
54 times.
55
56 MR. JUSTICE BELL: Yes. You take the point about
57 re-examination, do you?
58
59 MR. MORRIS: Yes, we understand the position.
60
