Day 172 - 12 Oct 95 - Page 10

     
     1   MR. MORRIS:  Right.  So, really, it is up to Mr. Rampton, if he
     2        wants to draw any conclusions from the letter, it is up to
     3        him to cross-examine.
     4
     5   MR. JUSTICE BELL: Yes, that is absolutely right; and I will wait
     6        and hear what, if anything, Mr. Rampton asks about it.
     7
     8   MR. MORRIS:  OK, all right then.
     9
    10   MR. JUSTICE BELL: I am not concerned about that answer because,
    11        at the end of the day, it will probably be neither here nor
    12        there.  What I am worried about is -- it may be quite an
    13        unjustified concern -- that you are going to embark on
    14        asking Mr. Pattinson his view about this or that which we
    15        do not have notice of.
    16
    17   MR. MORRIS:  No.  I was only just basically clarifying what he
    18        meant in the letter, that was all.
    19
    20   MR. JUSTICE BELL:  Good.  Mr. Rampton may cross-examine him
         about it.  So that, because I have stopped you, you do not
    22        get the wrong impression, in fact, there is no reason why
    23        Ms. Steel should not ask, because she is another party.
    24
    25   MR. RAMPTON:  My Lord, with respect, we do not agree with that.
    26        The reason is this:  Ms. Steel can cross-examine
    27        Mr. Pattinson provided she disavows him as a witness on
    28        whom she relies; but not otherwise.  It is her witness ---
    29
    30   MR. JUSTICE BELL:  Well, that is up to her.
    31
    32   MR. RAMPTON:  -- then she must disavow his evidence-in-chief.
    33
    34   MR. JUSTICE BELL:  That is not necessarily so, because you can
    35        ask questions of a witness and you can cross-examine
    36        without disavowing all the evidence-in-chief.
    37
    38   MR. RAMPTON:  My Lord, the problem is that this witness is
    39        called jointly by the Defendants, plainly.
    40
    MR. JUSTICE BELL: That is the effect of it; and I may pay little
    42        or no attention to evidence which comes in
    43        cross-examination.
    44
    45   MR. RAMPTON:  That has been so all through -----
    46
    47   MR. JUSTICE BELL:  Anyway, we have not got to that problem yet.
    48        Mr. Morris does not want to ask about the things I was
    49        concerned he did want to ask about.
    50 
    51   MR. MORRIS:  Right. 
    52 
    53   MR. JUSTICE BELL: If you just pause for a moment and think about
    54        what else, if anything, you need to ask him, since I have
    55        interrupted you.
    56
    57   MR. MORRIS:  (Pause)  I think I have no further questions.
    58
    59   MR. JUSTICE BELL:  Yes.  I think that is probably right.  Just
    60        take a minute and make sure you have covered your ground.