Day 045 - 03 Nov 94 - Page 33
1 That is probably the reason for the practice which
2 Mr. Rampton has accurately summarised. It has exactly the
3 same effect if the document is shown to the witness. The
4 only point in insisting on reading it out, it does not tell
5 the witness any more about the information or the document
6 than he can see if he looks at it himself. It is thought
7 that the only possible reason for reading it out, rather
8 than taking the simple course of asking the witness to look
9 at it, is that the person reading it out wants somehow to
10 get it out in public.
11
12 MS. STEEL: The main reason I was going to read it out was
13 because I do not think we have any more copies of this.
14
15 MR. JUSTICE BELL: Show him what you have got in front of you.
16
17 MR. RAMPTON: Lest Mr. Morris be in any doubt about what the law
18 is, I am reading from paragraph 12.18 of Phipps on
19 Evidence. This deals with cross-examination on
20 inadmissible documents. Page 250:
21
22 "A document which is inadmissible cannot be made admissible
23 simply because it is put to an accused" -- a witness, that
24 is to say -- "in cross-examination. Further, it is
25 improper for counsel" -- and I add "or a party
26 unrepresented" -- "in cross-examination, to describe to the
27 jury" -- or to the court, if there be no jury -- "the
28 nature of a document inadmissible in evidence, which he
29 holds in his hand, while asking the witness to look at it
30 and then say whether he still adheres to his answer. The
31 proper way is for counsel to put the document into the
32 hands of the witness and without describing it at all
33 simply to ask, 'Look at that piece of paper. Do you still
34 adhere to your answer?'"
35
36 MR. MORRIS: I do not think that backs up Mr. Rampton's case.
37 First all, I do not think the document is inadmissible,
38 because the Plaintiffs have accused the Defendants of --
39 made allegations of malice against the Defendants. We are
40 entitled to rely on the fact that a lot of criticism of the
41 Corporation, similar to the fact sheet which we are
42 defending, has been continuing for decades. So in that way
43 I think the document is admissible, not as evidence of the
44 fact-----
45
46 MR. JUSTICE BELL: Just pause there. If and when you come to
47 give evidence -- because there is no obligation on you to
48 do so -- we will deal with that point. But we have not got
49 to that yet. We are dealing with cross-examination of a
50 witness. Mr. Rampton has read from an authoritative
51 textbook what I have always understood the position to be.
52 It is not a point being taken just in your case; it is the
53 proper and normal way of conducting the matter.
54
55 MR. MORRIS: Yes. I still, with respect, feel that that applied
56 to inadmissible documents -- which this is not -- and,
57 secondly, that applied to putting it before a jury, which
58 there is not here. Obviously, you will not be biased by
59 anything that you hear that may later turn out to have been
60 inadmissible. It is my contention that this document is
