Day 146 - 03 Jul 95 - Page 14


     
     1        giving up to that point has gone miles beyond the four
     2        walls of her written statement, and that she had been
     3        conscious of that before ever she went into the witness
     4        box, and had offered to the Defendants a supplementary
     5        statement setting out all the detail which she came to give
     6        when she had gone into the witness box and that they had
     7        declined it.
     8
     9        Whatever Mr. Morris may have said in answer to my
    10        suggestion that they were trying to take us by surprise,
    11        I ignore.  That has nothing to the point.  What is right to
    12        say, in our submission, is that if the Defendants now find
    13        themselves in a difficulty because Ms. Hovi came out with
    14        all that material when she got into the witness box, they
    15        have only themselves to blame because it could have been
    16        avoided, and it was not.
    17
    18        My Lord, I go from there, if I may, my Lord, I invite your
    19        Lordship to keep those transcripts by because they are both
    20        convenient as a reference point when one looks at the
    21        statement of Mr. Bone.  Mr. Bone is in 7B, my Lord, of the
    22        yellow -- my Lord, before one looks at this, it is perhaps
    23        advantageous to remind oneself -----
    24
    25   MR. JUSTICE BELL:  Yellow VII.
    26
    27   MR. RAMPTON:  7B, my Lord.  It is a file all to itself.  I am so
    28        sorry.
    29
    30   MR. JUSTICE BELL:  I remember reading his statement but I was
    31        not sure where it had gone.
    32
    33   MR. RAMPTON:  Your Lordship will remember that I put a key.
    34        I say I -- that is not fair.  In fact, this statement is
    35        the work of Mr. Bone, Mr. Brinley-Codd and Mr. Atkinson,
    36        for the large part.  I put a key at the end -- we put a key
    37        at the end of it  ---
    38
    39   MR. JUSTICE BELL:  Yes, I saw that.
    40
    41   MR. RAMPTON:  -- indicating what we thought the status of the
    42        new material from Mr. Bone was in relation to Ms. Hovi's
    43        evidence.  Having reviewed the thing over the weekend, I do
    44        believe that we have been actually rather over-generous
    45        with the "N" queries.  In other words, there ought to be
    46        fewer of them and more of the plain "N"s but, my Lord, that
    47        may not matter very much.
    48
    49        Perhaps it is best initially to look back at Ms. Hovi's
    50        written statement which is very short and only at the 
    51        bullet points because they are the only ones that matter. 
    52        My Lord, she is to be found in Defendants' 1. 
    53
    54   MR. JUSTICE BELL:  I have it in pale blue 1B at section E.
    55
    56   MR. RAMPTON:  That is correct.  She is tab 2 in section E, my
    57        Lord.  My Lord, the important points are the four bullets
    58        under 6 on the first and second pages.  The first two
    59        bullets I have never said (and do not say now) give rise to
    60        a problem we were always alerted to this misconception, to

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