Day 076 - 18 Jan 95 - Page 23

     
     1
     2   Q.   You actually stopped?
     3        A.  Yes, I was not pacing it out or anything.  I was just
     4        walking around.
     5
     6   Q.   So you did not walk on the other side of Kings Road and
     7        Leonard's Terrace?
     8        A.  No.
     9
    10   Q.   Just on the one side.  You did not walk down Walpole Street
    11        or Cheltenham Terrace?
    12        A.  No, I was doing roughly what Mr. Stump had said was the
    13        route he traced that day.
    14
    15   Q.   Was this when you counted the pieces of environment/index.html">litter in
    16        Smith Street or was that on a separate occasion?
    17        A.  No, that was a separate occasion.
    18
    19   MR. MORRIS:  I think the final sort of chunk of the questions
    20        will be on the letters.  Maybe it would be useful to have a
         break?
    22
    23   MR. JUSTICE BELL:  Yes.
    24
    25   MR. RAMPTON:  My Lord, may I ask that during the break (which,
    26        I suggest, might last a little bit longer for this reason)
    27        I be given the photographs which I have not previously seen
    28        because I would like, if I can, may be to ask Mr. Siddique
    29        some questions about the photographs.
    30
    31   MR. JUSTICE BELL:  Yes.  Shall we have a 10 minute break?  We
    32        will come back at 5 past 12.  If you would be kind enough
    33        to give those to Mr. Riley and if you could be back by 5
    34        past 12, Mr. McIntyre?
    35
    36                       (Short Adjournment)
    37
    38   MR. JUSTICE BELL:  Before you go through the letters, there is
    39        something I want to say to you:  When you go through, bear
    40        in mind what I have said about hearsay evidence and
         admissibility and the fact that being an officer of a
    42        Residents Association does not make what a member of the
    43        Association has said any more evidence than it does in any
    44        other situation.
    45
    46        The last thing I want to do is prolong this case by holding
    47        out invitations to call any other witness, but if your
    48        position is that you say:  "Oh, I did not realise that a
    49        letter written by someone is not admissible evidence of the
    50        truth of the contents of that letter", if you have not 
    51        thought about the difficulty of putting a Civil Evidence 
    52        Act Notice on a letter, namely, that you would probably 
    53        promptly get a counter notice and have to call the writer
    54        of the letter, or accept that you could not use it as
    55        evidence of the truth of the contents of the letter, then
    56        get to grips with that.
    57
    58        If at any stage in the future you want to say:  "Well,
    59        although we have not yet served a statement we would like
    60        to call Miss, Mrs. or Mr. So-and-so", raise it with me.  In