Day 243 - 02 May 96 - Page 05
1 That, it seems to me, is telling your Lordship your
2 Lordship's business and that is in no sense the function of
3 an expert or so-called expert to draw that sort of
4 conclusion. That is political commentary and that is a
5 matter for your Lordship and not for the witness.
6
7 Equally, my Lord, if your Lordship would read the whole of
8 paragraph 12; I do not object to the hearsay here because
9 it seems to be derived from the evidence given in this
10 court, so I do not have a problem with the first sentence
11 of paragraph 12. But I have the same objection as I have
12 just stated in relation to the last sentence in paragraph
13 12.
14
15 This is not the witness' fault, of course, but again that
16 is not her province as a witness of fact or as an expert in
17 this case; that is your Lordship's point. If that is a
18 conclusion which, in the end, your Lordship draws, so much
19 the worse for me, but it is not for Miss Link to make that
20 kind of a comment.
21
22 MR. JUSTICE BELL: She is entitled to make it. You say she is
23 not entitled to make it in evidence in the witness box.
24
25 MR. RAMPTON: Of course she can make it in The Guardian
26 newspaper or wherever else she wishes, but not in this
27 court.
28
29 MR. JUSTICE BELL: Yes. Are there any other parts?
30
31 MR. RAMPTON: No, my Lord, that is all. I have tried to keep it
32 as narrow as I possibly can.
33
34 MR. JUSTICE BELL: Let me ask Mr. Morris and Ms. Steel about
35 those.
36
37 The first part I would like your comments on is paragraph 7
38 after the first sentence.
39
40 MR. MORRIS: An expert is entitled to draw on research that they
41 have done. It does not have to be direct experience and,
42 therefore, she is entitled to comment about research work,
43 whether it is direct contact with people on the ground in
44 Germany, reading materials, whatever, she is entitled to
45 rely on that research. It is up to the Plaintiffs to
46 question her in the witness box to test that research and
47 that opinion. So, I do not think there is any problem
48 personally with (7).
49
50 She has quoted obviously one of the sources of her research
51 by quoting Dr. Suzanne Shimmack. I do not know if there is
52 any objection to (9) now?
53
54 MR. JUSTICE BELL: No. Do not concern yourself about (9). You
55 may, if you want to rely on anything in (9), have to
56 explain to me how it helps me, or could help me, in this
57 case, but that is a matter for argument.
58
59 MR. MORRIS: Right.
60
