Day 302 - 18 Nov 96 - Page 03
1 the notes, going beyond the specific passages of which we
2 had used to refresh memory, as it is benignly called, in
3 examination-in-chief. The result of that on the
4 authorities is that the whole of the notes become evidence
5 in the case and in a civil case, by operation of
6 Civil Evidence Act, I am afraid I cannot remember which
7 section it is but it is in the submission, the whole of the
8 notes become evidence of the truth of their contents in a
9 civil case.
10
11 MS. STEEL: Well -----
12
13 MR. JUSTICE BELL: I will hear anything Ms. Steel wants to say.
14 I would very much appreciate giving me a list as soon as
15 possible of the parts which were not actually touched on in
16 evidence which you intend to rely on, because you may be
17 right legally but I remember there was some discussion
18 where I was asked had all the notes gone in and at one
19 stage I said, admittedly this may have been before
20 cross-examination, no. Mr. Rampton had specifically asked
21 one witness whether the notes were true, but not of other
22 witnesses and so, at that stage, anyway, I thought you were
23 taking a perfectly justifiable but advised decision not
24 just to aver the truth of all the notes which went in of
25 all the witnesses.
26
27 MR. RAMPTON: My Lord -----
28
29 MR. JUSTICE BELL: I mean, I have been through all the inquiry
30 agents' evidence quite carefully, which has involved
31 looking at their notes, and although I had no intention
32 whatsoever of showing them to anyone I have in fact made a
33 very extensive narrative in chronological order of what
34 each of the inquiries agents, or what I consider to be the
35 potentially important parts of what each of the inquiry
36 agents, said, either when led in-chief with or without
37 reference to their notes or when cross-examined with or
38 without reference to their notes.
39
40 And, of course, that meant that they were, in
41 cross-examination, pointed at certain parts of the notes
42 which they then either expressly averred to be true or it
43 might be said that did so by saying, 'Well, you know, in
44 effect, I made my notes as soon as I could afterwards and I
45 cannot remember now', but that is tantamount to saying,
46 'when I put them down they were accurate so they are
47 accurate'. But there were large parts of the notes which
48 might or might not help me to a conclusion, I will say no
49 more than that, which they did not refer to at all, you did
50 not ask them about, and the Defendants did not test them
51 on.
52
53 Now, if, in fact, what you put in your legal submissions,
54 which I have here beside me, is right in law, that is one
55 thing, weight is another. Practical materiality or
56 relevance is another, because I do not know to what extent,
57 even if it be so, legally, these parts are actually relied
58 upon.
59
60 But I would like to know as soon as possible whether I have
