Ref: A00-300995 Case No. 871626 Macpherson II
Volume IX, Pages 72-74, Monday 26th June, 1989
(In the presence of the jury)
MR. BECKMAN: Which way would your Lordship like me to do it?
Have a word with Dr. Ashworth on the other aspect?
MR. JUSTICE MACPHERSON: I think you will have to have her
re-examined and then ask her to come back tomorrow.
MR. BECKMAN: She cannot come back tomorrow.
MR. JUSTICE MACPHERSON: Then she can come back to the box and
you can ask her questions. You cannot speak to her, she is
in the middle of evidence. I think we should follow the
rules.
MR. BECKMAN: Yes, but your Lordship made a ruling which I cannot
possibly disobey without your Lordship's consent, and the
only way I can justify any questions would be by being able
to see if she can assist, or if she cannot then I will not
apply. The only way I can find out is by speaking to her.
If I just ask her questions blind in the box, I am ignoring
your Lordship's ruling.
MR. JUSTICE MACPHERSON: Mr. Beckman, there are two alternatives:
either you have her back and ask her questions which arise
out of cross-examination, or she does not come back at all.
I am not going to allow her to be seen and have another
meeting and have her back.
MR. BECKMAN: I have not had a meeting with her because she is a
witness and ---
MR. JUSTICE MACPHERSON: Is there anything arising out of cross-
examination?
MR. BECKMAN: Yes, I do. I will ask her a few questions and then
would your Lordship wait a few moments?
CHERYL MARY ASHWORTH: Recalled
Re-examined by Mr. Beckman
Q. Dr. Ashworth, going back to 1981, there is one particular
matter I should ask you about. Was there a drug at that time
which came into the picture? Was he prescribed any pills in
relation to the condition which might have helped? A. Yes,
not by me.
Q. But you can help us about it; what was the pill? A. In
my report I put Ativan, but when I looked at the notes I
think Dr. Beard had mentioned Mogadon so either I got it
wrong from - I understood it from the client incorrectly, or
he gave me the incorrect name. I don't know but they are all
basically the same thing, they are all diazepam.
MR. BECKMAN: My Lord, I have no further questions arising out of
cross-examination.
MR. JUSTICE MACPHERSON: Dr. Ashworth, Mr. Beckman wants to ask
you something; would you go down and let him ask you.
(The witness withdrew)
MR. BECKMAN: My Lord, there is - it does not arise out of cross-
examination - there are two short matters, literally two
questions, upon which the good doctor may be able to assist
the court.
MR. JUSTICE MACPHERSON: On what topic, not on the letter?
MR. BECKMAN: On the letter.
MR. JUSTICE MACPHERSON: No, I will not have questions on the
letter: I have already ruled that. I have excluded these
questions. We have had all we need from Dr. Beard. I am
sure she was asked in chief and she had not seen it before
today.
MR. BECKMAN: I think my learned friend and I are ad idem about
Mr. Beard's evidence.
MR. JUSTICE MACPHERSON: I am sure you are. I have ruled that
the lady will not be asked questions about the document and
that is it.
(The trial was adjourned until the following day)
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