Day 144 - 28 Jun 95 - Page 58
1 MS. STEEL: I just want to come back to the question that
2 Mr. Morris asked you. It really is not that complicated a
3 question, is it, Mr. Stein? You are just trying to avoid
4 answering. If you do not get a performance review you stay
5 on the starting rate?
6 A. Now you are asking a simple question.
7
8 Q. That is what Mr. Morris asked. He said: "Well, if they do
9 not get performance reviews..."
10 A. That is not what Mr. Morris asked at all.
11
12 Q. I am reading it.
13
14 MR. JUSTICE BELL: Stop, Ms. Steel. Put your question by all
15 means but we will never get anywhere if instead of asking a
16 new question one has an argument, whether it is justified
17 arguing with the witness or not, about what has just been
18 said. It is just more productive to put a new question.
19
20 MS. STEEL: I have it in front of me. It says ----
21
22 MR. JUSTICE BELL: Yes, I know. I do not want you to go back to
23 what was said five minutes ago. Put a new question by all
24 means.
25
26 MS. STEEL: Well, the witness did not answer and I think he
27 ought to.
28
29 MR. JUSTICE BELL: Ask the question.
30
31 MS. STEEL: "Well, if they do not get a performance review they
32 will stay on the starting rate"?
33 A. Whatever their starting rate was. If they do not get a
34 wage review, whatever their starting rate was, that is what
35 they will continue at. We have also talked about they do
36 get reviews over a period of time.
37
38 Q. Mr. Morris' question was quite simple. You are just trying
39 to avoid answering it.
40
41 MR. RAMPTON: My Lord, I do not believe Ms. Steel should be
42 allowed to stand there and insult the witness. There is a
43 rule about this and I can read it to your Lordship. It is
44 in Phipson. "Cross-examination which is designed ..."
45
46 MR. JUSTICE BELL: Quite frankly, I think this is a totally arid
47 argument now. I am interested in evidence in addition to
48 what I have heard so far. I would like questions to be
49 directed at obtaining new information which, one way or the
50 other, might help me to a conclusion in the case. All
51 I was saying a moment ago is that it is unproductive to
52 argue about what the answer was to a question which has
53 been asked in the past rather than asking a fresh question
54 and, hopefully, getting a fresh answer.
55
56 MS. STEEL: The reason I brought it up is because I am trying to
57 make the point that I actually do think that the witness is
58 continually avoiding answering questions.
59
60 MR. JUSTICE BELL: This is not the moment to do it. I have
