Day 146 - 03 Jul 95 - Page 22


     
     1        by Mrs. Brinley-Codd and Mr. Atkinson, I have checked them
     2        and they are correct in two senses that the right pages
     3        have been given and, so far as I am concerned, the
     4        summaries of the allegations which appear in Mr. Bone's
     5        statement are accurate.
     6
     7        My Lord, that said, I therefore apply for leave to your
     8        Lordship to call Mr. Bone as a witness in rebuttal.  Even
     9        if I thought that I did not fulfil the requirement that
    10        I have been unfairly taken by surprise by Ms. Hovi's
    11        evidence, even if I did not think that was right, I would
    12        still ask your Lordship's leave simply on the ground that
    13        if any importance is ever to be attached to what goes on or
    14        went on in Jarretts and, therefore, to what Ms. Hovi has
    15        told your Lordship so far, then in justice I ought to have
    16        that leave.  I leave entirely to your Lordship the question
    17        whether Ms. Hovi should be recalled for further
    18        cross-examination.
    19
    20   MR. JUSTICE BELL:  I was going to ask you if I said, yes, you
    21        should have leave to call a witness in rebuttal, what
    22        should the order be between such a witness and Ms. Hovi?
    23
    24   MR. RAMPTON:  My Lord, there are two ways of looking at it.  To
    25        be honest with your Lordship, I have not really got a
    26        concluded view either way.  If one called Mr. Bone first
    27        and Ms. Hovi were shown a transcript of her evidence, she
    28        might well say:  "Well, in the light of all that, thank you
    29        very much, but I am not coming back to court unless I am
    30        meant to, but I accept everything he said".  She might well
    31        say that; she is an independent person, she is not, as it
    32        were, in the Defendants' pocket, so far as I know, and
    33        having seen the detail of what Mr. Bone says sworn in the
    34        witness box she might well decide she does not want any
    35        more of it, in which case I would not be the least bit
    36        concerned to have her back.
    37
    38        I am only concerned actually to have Mr. Bone here.  I do
    39        not really mind one way or the other very much about
    40        Ms. Hovi.  The alternative is to have Ms. Hovi first when,
    41        if she accepted in cross-examination the most part of what
    42        Mr. Bone was saying, why, then, I need not call Mr. Bone so
    43        we would save time that way too.
    44
    45        Generally speaking, in this case, Mr. Atkinson rightly says
    46         -- it had not occurred to me -- maybe it is best to call
    47        her first for this reason, that if Mr. Bone goes first and
    48        she comes back after Mr. Bone, who knows, she may come up
    49        with a whole lot of new stuff of which we have had no
    50        notice, in which case we would have to recall Mr. Bone or 
    51        somebody else. 
    52 
    53        So, perhaps, it is preferable, if your Lordship would like
    54        to have her back for further cross-examination or the
    55        Defendants would, that she should go first so that anything
    56        new she might come up with Mr. Bone can deal with when he
    57        gets here.  I am really only concerned about saving time,
    58        so far as that part of it is concerned.
    59
    60   MR. JUSTICE BELL:  Yes.

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