Day 030 - 03 Oct 94 - Page 14

     
     1   MR. MORRIS:  Mr. Cannon, do not look at your papers yet.  Yes,
     2        both statements.
     3
     4   MR. JUSTICE BELL:  I have a statement signed by you, Mr.
     5        Cannon, or a copy of it, dated 21st, I think, day of July
     6        1993 and a supplementary statement dated 27th September
     7        1994?
     8        A.  Yes.
     9
    10   Q.   Do you wish me to accept those as a statement of your
    11        primary evidence and views?
    12        A.  Yes, thank you.  Is it also possible to make a
    13        statement on the discussions that took place before I came
    14        into the witness box, very briefly?
    15
    16   MR. JUSTICE BELL:  There is no harm in doing so.  If you keep
    17        it very short we can see whether it is relevant to
    18        anything I have to decide.
    19        A.  My experience concurs with what has already been said
    20        by the Defence in that the Defence approached me and asked
         me about Dr. Arnott's evidence.  I said, "Yes, I did wish
    22        to respond to that".  It seemed to me, in a sense, that
    23        Dr. Arnott's evidence was by the way because the -----
    24
    25   MR. JUSTICE BELL:  Do not bother about that.  What I was
    26        concerned with was whether you had been shown a copy of
    27        Dr. Arnott's original statement and asked to comment on
    28        that?
    29        A.  No.  The first I was aware of it was when I saw his
    30        evidence in court.
    31
    32   MR. MORRIS:  Can I ask one question to clarify something?  When
    33        a statement is taken as read, what is the status of the
    34        references that are referred to in the statement because
    35        we are a little unclear.  Are they taken as read as well?
    36
    37   MR. JUSTICE BELL:  No.  You should not assume.  You can assume
    38        that I will have read the statement or statements, but you
    39        must not assume that I will read all the references.
    40
    MR. MORRIS:  It was more for us as well.  When, for example,
    42        the Plaintiffs have a statement that is read, what is the
    43        status of all of the references that are attached?
    44
    45   MR. JUSTICE BELL:  What it really tells me is that they are
    46        relying upon that reference in support of some view or
    47        averment which they make in their statement.  If you want
    48        me particularly to go and take particular heed of
    49        something which is said in any of the references, then you
    50        must refer me to it while Mr. Cannon is in the witness 
    51        box. 
    52 
    53   MR. MORRIS:  If, for example, a statement is taken as read, do
    54        we have to formally say, for example, if the Plaintiffs do
    55        so, we are not necessarily accepting that the references
    56        do show what the -----
    57
    58   MR. JUSTICE BELL:  No.
    59
    60   MR. MORRIS:  Is that sort of taken -----