Day 078 - 26 Jan 95 - Page 15
1 the court, would you please?
2
3 MR. RAMPTON: Can I read yet again -- it not for your Lordship's
4 benefit; of course it is not -- from paragraph 12.18 of
5 Phipson. It has been the law since a very long time ago --
6 certainly before I started practising at the Bar -- the
7 second part of paragraph 12.18 of Phipson. I think the
8 page is 250. It is the second part of the second paragraph
9 under 12.18: "A document which is inadmissible cannot be
10 made admissible simply because it is put to an accused",
11 "or a witness" I would add, "in cross-examination".
12 "Further, it is improper" -----
13
14 MR. JUSTICE BELL: Where are you now? I have 12.18.
15
16 MR. RAMPTON: My Lord, the second complete paragraph. Halfway
17 down that paragraph there is a sentence which begins at the
18 end of the line, "A document". Does your Lordship have
19 that?
20
21 MR. JUSTICE BELL: Yes.
22
23 MR. RAMPTON: I will read it again. "A document which is
24 inadmissible cannot be made admissible simply because it is
25 put to an accused", I would insert "or a witness", "in
26 cross-examination. Further, it is improper for counsel",
27 and I would add "or for litigant in person", "in
28 cross-examination, to describe to the jury" or I would say
29 "to the Judge in court", "the nature of a document
30 inadmissible in evidence, which he holds in his hand, while
31 asking the witness to look at it and then say whether he
32 still adheres to his answer. The proper way is for
33 counsel", "or the litigant", "to put the document into the
34 hands of the witness and without describing it at all
35 simply to ask: 'Look at that piece of paper: do you still
36 adhere to your answer?'"
37
38 My Lord, this is an inadmissible document for the both
39 reasons which I have suggested to your Lordship. It is
40 wholly wrong -- the Defendants know that it is because
41 I have made this point before -- to read out in court or to
42 describe what somebody else has said on a previous occasion
43 unconnected with any evidence to be given in this court.
44
45 MS. STEEL: I did want to put this document in front of the
46 witness. It was not my fault that the Plaintiffs decided
47 to omit it from the bundles.
48
49 MR. JUSTICE BELL: Just pause a moment and let us see if there
50 is any issue between you. We had a similar argument and
51 ruling some months ago which I am sure you will remember.
52 The fact that the document comes, let us say, from some
53 governmental body does not give it any different status to
54 the statement of anyone else. There is a certain latitude
55 which is sometimes extended if it is quite clear that a
56 witness is going to be called to prove a document which
57 will then make it be admissible because then in many
58 circumstances, relying upon the good faith of the parties
59 concerned or their advocates, the document is allowed in
60 upon that assumption.
