The Gazette 1990

GAZETTE

' APRIL 1990

graph and accompanied by a map showing the point from which they were taken and the direction. The reason they are not generally necessary is that the Arbitrator will invariably inspect the site, and he will have been put on notice in the course of the evidence as to what to look out for. One can, of course, have the situation where both sides insist on presenting a set of photographs, the Claimant's invari- ably taken in brilliant sunshine, and the Acquiring Authority's in the rain with some rubbish carefully strewn in the foreground. This tends to reduce considerably the impact the photographs may have been de- signed to make, and will almost certainly result in both sets being consigned to their envelopes and not looked at again. When the witness is called by his Counsel he will walk to the witness box, or the position indicated by Counsel or the Arbitrator, and he will be handed the Bible. He will hold the Bible in his right hand and repeat the Oath, or he may affirm. The Arbitrator will then ask him to state his full name and invite him

to sit down. His Counsel will ask him to hand in a copy of his report or Precis of Evidence and will give a copy to the other side. He will then start by establishing the witnesses' credentials and take him through his evidence. It is a matter for arrangement beforehand between the Counsel and the Witness as to how this evidence (known as the evidence in chief) will be given, whether it will be on a question and answer basis or whether it will be on the lines of a request to read through his report and elaborate if necessary on what he has written there. A lot can depend on the relevant expertise and the experience of Counsel and Witness. There are a number of general points which I would like to make as to how the witness should give his evidence and his general de- portment in the witness box. Most, if not all, witnesses will feel ner- vous when called to give evidence. This can affect different people in different ways; some hide it well, some cannot, some allow it to affect their performance while in

others it merely gets the adrenalin going and helps their concentra- tion. It is pointless saying there is no need to be nervous. But bear in mind that if one has done one's homework, and if one restricts oneself to telling the truth and stating opinions that one honestly holds there is little need for worry. Perhaps the main reason for nervousness is the fear that one will suffer at the hands of cross- examining Counsel, and certainly this worry is well founded where a witness is perhaps not being totally truthful or is illprepared. However, most Counsel, and in particular the experienced ones, are courteous and have no wish to belittle or embarrass a witness if they are satisfied that he is not trying to pull the wool over their eyes. It is generally only the inexperienced Counsel who will ask unnecessary questions, and depend on the bludgeon rather than the rapier which the experienced man will use to far greater effect. The witness should remember that he has sworn to tell the whole truth. Apart altogether from the risk

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