Day 114 - 04 Apr 95 - Page 06

     
     1        based on what they have seen, in fact.  So, I am not quite
     2        sure why you said you see it as a statement of fact because
     3        it is -- I am not saying there are no facts in it because
     4        obviously there are, but just why ------
     5
     6   MR. JUSTICE BELL:  But you want the fact as well as the
     7        opinion?
     8
     9   MS. STEEL:  Yes.
    10
    11   MR. JUSTICE BELL:  You want his evidence of fact?  Mr. Long is a
    12        witness of the fact.
    13
    14   MS. STEEL:  Yes.
    15
    16   MR. JUSTICE BELL:  It is just Mr. Morris seemed to be suggesting
    17        that he was an expert witness and not a witness of fact.
    18
    19   MS. STEEL:  No, I am not asking about that.  I understand that.
    20        No, I just did not understand why you thought it was
         predominantly fact rather than expertise.
    22
    23   MR. JUSTICE BELL:  You may urge me that is wrong but that is how
    24        I saw it when I first went through, because most of the
    25        things in his statement are averments of fact rather than
    26        expressions of opinion arising from the fact.  It may that
    27        be his evidence has taken a slightly different course, but
    28        if you read through his statement, that is the way it
    29        reads.  It does not matter.
    30
    31   MS. STEEL:   I am not sure how that is different to other
    32        experts, though.
    33
    34   MR. JUSTICE BELL:  It is not necessarily, it just depends; some
    35        expert witnesses make no averments of fact whatsoever.
    36        They say:  "If you find the facts of the matter to be this,
    37        then, in my opinion, the conclusion to be drawn would be
    38        that."
    39
    40   MR. MORRIS:  Is it possible that -- I understand that
         Mr. Rampton would like some time to -----
    42
    43   MR. JUSTICE BELL:  What I do want you to do, whatever decision
    44        I make in a moment, is to take this on board.  I appreciate
    45        that one may be so busy that one gets distracted from the
    46        course of what you should do.  But, for instance,
    47        disclosure of a document which is relevant must be prompt
    48        if it comes into your possession.  The moment, for
    49        instance, you knew of the existence of the document which
    50        you could get hold of and had reason to believe that it was 
    51        the document referred to in the leaflet as a recent British 
    52        government report, it was disclosable. 
    53
    54        You might have preferred to read it before you disclosed
    55        it, but it was disclosable immediately, do you understand,
    56        for better or worse?
    57
    58   MR. MORRIS:  Yes, I only got it yesterday.  I did not even look
    59        at the cover until I got home because Dr. Long gave it to
    60        us in the morning.