Day 073 - 13 Jan 95 - Page 03
1 MR. JUSTICE BELL: - at some stage you choose take as it as read
2 into the evidence. You are at liberty to highlight any
3 particular matters which you think may not be clear to me
4 on a reading because you think that to someone like myself
5 coming from outside it may need further explanation. If
6 you want him to expand within the limits of not going off
7 on to some completely new territory which has not been
8 given notice of, then certainly do that.
9
10 So far as publicity for the evidence of any witness in this
11 case where a short form is taken, or a shorter form, by
12 saying: "Are you happy for your statement to be read into
13 your evidence-in-chief?" is concerned, certainly once that
14 form of words is followed, the statement which is on the
15 court file is public, taken to be public, and anyone is
16 entitled to see a copy of it. So, you need not -- I do not
17 know whether it was a matter which might have concerned
18 you, but you need not think that for some reason the
19 contents of the statement are kept out of necessary view if
20 you take that course. You take your own course, but it may
21 save time if you bear those matters in mind.
22
23 MR. MORRIS: Thank you.
24
25 MR. JUSTICE BELL: Remember, if this helps, speaking in the very
26 simplest terms, at the end of the day what I may be most
27 concerned of here is the extent to which I can see from
28 what areas of forest timber is taken for pulp which becomes
29 paper or paperboard used by McDonald's. When I say "from
30 what areas", I mean both quantitatively and
31 geographically. Then the next step may be to see to what
32 extent taking those trees does or may damage the
33 environment in any of a number of possible ways.
34
35 If you want, in the light of what Mr. Rampton has said, a
36 few minutes to think about the matter, I will be happy to
37 give them to you to discuss the matter with Ms. Steel.
38
39 MR. RAMPTON: My Lord, I should perhaps add this: Your Lordship
40 has put your finger on the reason, precise reason, why
41 I made the decision I have so far as Mr. Hopkins' written
42 statement is concerned. I should not want the Defendants
43 to misunderstand what I have said as some kind of
44 concession. The reason that I think I need not
45 cross-examine Mr. Hopkins is I do not believe what he says
46 in his written statement bears in any significant way upon
47 the issues which your Lordship will have to decide in this
48 case.
49
50 MR. JUSTICE BELL: That will be a matter for argument.
51
52 MR. RAMPTON: Indeed so, but I do not want the Defendants to
53 misinterpret my silence in the way they have in the past.
54
55 MR. JUSTICE BELL: Can I make a suggestion that you take a bit
56 of time now; you do not have to, I am quite happy to go
57 straight on and, if you want, you can just flip through
58 what has appeared on Case View over the last few minutes.
59
60 MR. MORRIS: Five minutes will be fine for us.
