Day 259 - 10 Jun 96 - Page 18


     
     1
     2        So, someone has put a cross on the back of his photograph.
     3        Would you accept that it seems to be that these photographs
     4        were the ones sent to the -----
     5        A.  I do not know.  I cannot say.
     6
     7   MR. RAMPTON:  I do not believe Mr. Nicholson can answer that.
     8        I am sure that the inquiry agents themselves may be able to
     9        answer it after this length of time -- or may not, I do not
    10        know -- the questions that will are being put to
    11        Mr. Nicholson.  What Mr. Morris is trying to get
    12        Mr. Nicholson to accept is an inference that he
    13        (Mr. Morris) wants to make.
    14
    15   MR. MORRIS:  The Plaintiffs have already said that these were
    16        sent to the -----
    17
    18   MR. JUSTICE BELL:  It may be, but I do not know how
    19        Mr. Nicholson can accept it one way or the other.  I have
    20        said before, if people accept things outside their
    21        knowledge, I am not likely to attach any weight to the
    22        evidence of them.
    23
    24   MR. MORRIS:  Right.  We are going to assume that those are the
    25        photographs that were sent to the inquiry agents, unless
    26        there is anything to contradict it.  The Plaintiffs have
    27        already said that in court.
    28
    29   MR. RAMPTON:  No.  I am afraid I did say this before.
    30        Mr. Morris never listens to what I say, and that is why he
    31        is in a muddle now.  Those are the photographs that were
    32        sent to one of the inquiry agents; and I do not know which
    33        one it was.  But the other photographs which I handed over
    34        a moment ago were sent to the other firm of inquiry
    35        agents.  Oh, I have got that wrong, too.  Sooner or later,
    36        some of these -----
    37
    38   MR. JUSTICE BELL:  The fact is, Mr. Nicholson does not know; and
    39        Mr. Nicholson is the witness, so it is not productive to
    40        have the argument with him.
    41
    42   MR. MORRIS:  We are sorry to take up so much time.  We did not
    43        know of the existence of these photographs.
    44
    45   MR. JUSTICE BELL:  I am understanding about that.  But the way
    46        to do it is, if the witness cannot actually help you, when
    47        the witness has left the witness box, say you would like
    48        this information or that information, wait and see if you
    49        get it, and, if you do not, bring it up with me again a day
    50        or two later. 
    51 
    52   MR. MORRIS:  We formally request that information when 
    53        Mr. Nicholson has finished in the witness box.
    54
    55   MR. JUSTICE BELL:  When you get the inquiry agents from one firm
    56        or the other, you will be able to say, "Were you shown
    57        photographs like this before you went off on your inquiries
    58        at any stage"; and if the answer is "no", well, you may
    59        still want to pursue it with someone else; if they say
    60        "yes", it must follow that the firm for whom they work was

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