Day 102 - 13 Mar 95 - Page 08

     
     1        purposes of your evidence, that he would make these
     2        allegations if he came here to give evidence.  To save you
     3        another journey, can I also ask you to get from the shelf
     4        behind you yellow volume IX, Rearing and Slaughter?  Just
     5        put it by for the moment, and we will look at it in a
     6        second.  In fact, it will be easier, I think, if you open
     7        it perhaps at tab 5 which is the statement you made for the
     8        purpose of these proceedings.  Behind that there should be
     9        an appendix 4, MP4, which are Sun Valley's chicken catching
    10        job specifications.  It is a horizontal document.  Do you
    11        have that?
    12        A.  Yes, I have.
    13
    14   Q.   We will look at that in a minute but, first, can we look
    15        please for a moment at Mr. Bruton's statement?  I call it
    16        that by way of shorthand.  First of all, can I ask you
    17        this, have you made enquiries about Mr. Bruton?
    18        A.  Since receiving this document I have made some
    19        enquiries, although he was not personally known to me.
    20
    Q.   No.  My Lord, I am asking these questions, though they
    22        reflect obviously reflect hearsay, in accordance with the
    23        indication which your Lordship gave last week, so that the
    24        Defendants will have notice of matters which I shall put to
    25        Mr. Bruton in cross-examination.  Strictly speaking, it may
    26        be that they go only to credit.
    27
    28   MR. JUSTICE BELL:  Can you call evidence as to credit in
    29        advance?
    30
    31   MR. RAMPTON:  No, I cannot but I thought that it were right to
    32        do it this way.  I am going to disclose some documents
    33        anyway.  That may be a better way of doing it.  Your
    34        Lordship said -- this is what is troubling me -- normally
    35        speaking, I would keep this in my back pocket and produce
    36        it when he is in the witness box.
    37
    38   MR. JUSTICE BELL:  I do not mind you giving notice, query,
    39        whether it should be in the form of evidence on oath from
    40        the witness box if it is in relation to credit?  What is
         the -----
    42
    43   MR. RAMPTON:  My Lord, I do not mind.  It is earlier notice.
    44        I am not -----
    45
    46   MR. JUSTICE BELL:  Is one entitled normally to give evidence
    47        which may go to a future witness's credit in advance?
    48
    49   MR. RAMPTON:  No, normally I would not do it at all.  I doubt
    50        normally whether I would even disclose the documents, but 
    51        I will on this occasion.  I will not ask any questions 
    52        about that. 
    53
    54   MR. JUSTICE BELL:  I think it is better not to.
    55
    56   MR. RAMPTON:  No.
    57
    58   MR. JUSTICE BELL:  If by some other means you choose to give the
    59        Defendants notice, then well and good.  I am not trying to
    60        stop you doing that.