Day 203 - 12 Jan 96 - Page 08


     
     1   MS. STEEL:  If I can finish what I was going to say, when
     2        Mr. Rampton has cross-examined our witnesses, he has not
     3        given any notice of what he is going to ask them, and he
     4        has asked them all kinds of things.  I remember when
     5        Juliette Gallatley was in the witness box, he was asking
     6        her who she knew, how she knew things about a video, and
     7        all manner of things that were completely and utterly
     8        irrelevant, and he was able to carry on even though, you
     9        know, they did not really arise from anything that was in
    10        her statement, and, you know, there was no reason for them
    11        to be asked.
    12
    13   MR. JUSTICE BELL:  Those particular questions were asked with a
    14        view to testing her reliability.  You could have objected
    15        if you had wanted to, and if you had made an objection --
    16        in fact, you did make an objection at one time.
    17
    18   MS. STEEL:  She was just an example.
    19
    20   MR. JUSTICE BELL:  Please let me finish, Ms. Steel.  You did
    21        make an objection, if my recollection is correct, at one
    22        time, and I dealt with it.  But what I am not accepting,
    23        I am afraid, is that Mr. Morris is introducing the matters
    24        which he had introduced with regard to the lift and the
    25        spatula as cross-examination as to credit.  I think he is
    26        trying to introduce those when there is no leave to amend
    27        with respect to those incidents and there are no statements
    28        with regard to them.
    29
    30        You must observe my ruling in this case which has gone on
    31        far too long already.  You will be even more out of control
    32        if you do not respect my rulings.  By "respect", I mean
    33        observe them and then take what course you will after you
    34        have heard my judgment, if my judgment is against you on
    35        any point to which material which I have refused to let you
    36        introduce might be relevant.
    37
    38   MS. STEEL:   Usually -- I mean, if I can just say that quite
    39        often I do not actually get a chance to speak before you
    40        make a ruling.  But, also, I just feel personally that the
    41        same standards should apply to us as apply to the
    42        Plaintiffs when they are cross-examining our witnesses and
    43        when they are calling evidence.  But I will not say
    44        anything more.
    45
    46   MR. JUSTICE BELL:  I do give you an opportunity to say what you
    47        do and I do apply exactly the same standards.  Repeatedly
    48        standing up just to say that you are not being treated
    49        fairly does not advance the hearing of this action one
    50        bit.  It is not right.  We have to deal with objections, 
    51        when they are made, formally.  When I rule on them, you 
    52        must conduct the remainder of the case in accordance with 
    53        my ruling.  Carry on, Mr. Morris.
    54
    55   MR. MORRIS (To the witness):  When you were Manager of the
    56        Ipswich store, did you have complaints from your salaried
    57        management about being kept on past schedules and suitable
    58        hours?
    59        A.  No, not to my knowledge, not to my recollection.
    60

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