Day 064 - 08 Dec 94 - Page 35

     
     1   MS. STEEL:   Can I just come back to this argument about this
     2        document?  It is not that I particularly want to argue it
     3        now; it is just I feel that I want to make a point about
     4        Mr. Rampton's objection.  I have found where I brought this
     5        up in the opening speech.  I am talking specifically about
     6        the document that Mr. Morris was just about to refer to.
     7        I say:  "This is a document of the Plaintiffs and it
     8        clearly shows that their claims not to use any beef from
     9        rainforest countries is an out and out lie.  We believe
    10        this document may have been mistakenly disclosed since we
    11        did get a letter from the Plaintiffs asking us to hand some
    12        documents back.  However, we understand that once they have
    13        disclosed documents, they waived their right to privilege,
    14        which is quite helpful because it is a very revealing
    15        document".
    16        Mr. Rampton said:  "That is not a privileged document".
    17
    18        In the light of that, I would submit that he should not
    19        really be making an objection now.  He should have made it
    20        sometime ago.  He has also definitely waived his right to
         privilege.
    22
    23   MR. JUSTICE BELL:  I want you to argue that in due course.  It
    24        is not simple and straightforward.
    25
    26   MS. STEEL:   What I am concerned about is that he was aware that
    27        we wanted to make use of that document then, and he should
    28        not leave it until we start to cross-examine a witness on
    29        it to bring it up, to disrupt the cross-examination.  He
    30        should have made his application quite sometime ago.
    31
    32   MR. JUSTICE BELL:  Was the objection then the use of the
    33        document?  Whatever was actually said in argument, was the
    34        objection then to use of the document?
    35
    36   MS. STEEL:   No.  Mr. Rampton just said:  "That is not a
    37        privileged document."
    38
    39   MR. JUSTICE BELL:  Did the discussion arise because objection
    40        was being taken to use of the document?  That is what I am
         asking.
    42
    43   MS. STEEL:  No.  I had read out part of that document in my
    44        opening speech and I then said that they had asked for it
    45        back because it was a privileged document; Mr. Rampton said
    46        it was not.
    47
    48   MR. JUSTICE BELL:  The fact is that the objection is taken now.
    49        I think it is not just a question of serving Mr. Oakley's
    50        convenience, but I think it would be better for both 
    51        parties if it were dealt with as a set piece and 
    52        Mr. Oakley's evidence, including re-examination on 
    53        cross-examination so far, be completed subject to that
    54        loose end.  I know it is a difficult area.  If the
    55        objection is formally taken now, whatever has been said in
    56        the past, it has to be properly dealt with.
    57
    58   MS. STEEL:  The problem, as I see it, is that by leaving this to
    59        a later date it gives Mr. Oakley some time to think about
    60        what he is going to say.  Really, this was on the cards and