Day 249 - 14 May 96 - Page 03
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2 MR. JUSTICE BELL: Where are you?
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4 MS. STEEL: On page 4, (ii). It is part of 7A.2, which starts
5 on the previous page.
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7 MR. JUSTICE BELL: We will have to wait and see. It is not
8 necessarily hearsay, it might be. What we have done in the
9 past where things are not necessarily hearsay where
10 objection has been taken to your witnesses' statements if
11 they were necessarily hearsay I have excluded them; if not,
12 they have gone in and then Mr. Rampton in cross-examination
13 has sought to ascertain whether they are hearsay or not.
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15 MS. STEEL: It is also irrelevant anyway. I mean, I am
16 basically making a formal objection. So that is my
17 position. The next one is paragraph 9, the last sentence,
18 the part in brackets at the very end, I am objecting to
19 that, although I may want to ask the witness questions
20 about it anyway so I do not know whether there is much
21 point.
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23 MR. JUSTICE BELL: Which one is that?
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25 MS. STEEL: About the name Webster. I am objecting to it on
26 the grounds that we kept asking the Plaintiffs for further
27 and better particulars of this and I did say at the time
28 that I would object if they brought it up at trial at a
29 later date. However, it may go to the accuracy of any
30 information that was given which, obviously, is hearsay
31 anyway way to Mr. Nicholson.
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33 MR. JUSTICE BELL: I think I need to know. There is no doubt
34 about identity, is there; that you were the person there
35 and holding one end of the banner at an earlier stage?
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37 MS. STEEL: I am not denying that I was at the protest, and
38 that at some stage I was holding one end of the banner.
39 However, that does not necessarily mean that ---
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41 MR. JUSTICE BELL: No, if there was an issue about identity then
42 it might be relevant to have any name in which you were
43 identified to the witness; if there is no issue about
44 identity then you might be right in your objection. That
45 is the only reason I ask.
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47 MS. STEEL: I am not sure I understand. Well, really because
48 I want to ask Mr. Nicholson about the ----
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50 MR. JUSTICE BELL: Is there any reason why my screen keeps going
51 out every two or three minutes?
52 (Problem with computer screen)
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54 MS. STEEL: The position is that basically because I want to
55 ask Mr. Nicholson about the information he was
56 getting ----
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58 MR. JUSTICE BELL: Do not worry about that, if it is not
59 admissible in the first instance I will exclude it and it
60 is entirely up to you whether you explore it in