Day 279 - 12 Jul 96 - Page 18
1 that we were asked to do.
2
3 MR. MORRIS: Yes. This is a statement about the extent of risk
4 which we were asked to -- well, it was not asked but it was
5 expected we would have to deal with. In particular, we
6 were asked to send the statement that we got from
7 Dr. Arnott and Professor Naismith to our expert witnesses,
8 which we did, and for them to comment on. So, this
9 statement should be seen exactly for what it is, it is
10 commenting on what effectively became a new issue in the
11 case following the Court of Appeal's judgment that it was.
12
13 MR. JUSTICE BELL: I do not actually agree with you, because I
14 think everything which is there was actually canvassed
15 under the evidence, but I am quite prepared to accept that
16 this has come as a result of sending Dr. Arnott and
17 Professor Naismith's new statements to Dr. Barnard.
18
19 MR. MORRIS: Sorry, it was not so much a new issue but an issue
20 that became--
21
22 MR. JUSTICE BELL: Clearer, you would say.
23
24 MR. MORRIS: Clearer, yes, and it was expected that the parties
25 would wait until the result of that appeal for action to be
26 taken when it was all clear. So, this is in response to
27 Arnott's and Naismith's statements that -- and obviously
28 you cannot keep calling witnesses to respond to their
29 response to their response, because after all Arnott and
30 Naismith are responding to previous testimony. So, I think
31 this is quite, it is not unexpected. In fact, we were
32 announcing that we were going to do it and trying to get
33 hold of the statement as soon as we could following the
34 Court of Appeal.
35
36 MR. JUSTICE BELL: That is it, really, is it not?
37
38 MR. MORRIS: It is basically it. As far as the drawbridge going
39 down, the drawbridge, as far as we could see it, had not
40 gone down. You had said things like, "I will have to at
41 some stage decide when the oral evidence finishes in this
42 case, or, in fact, any evidence of any kind finishes in
43 this case", and no decision had been made yet. The only
44 indication that we could see that we had was the indication
45 about, well certainly, that you had hoped that the oral
46 evidence would finish on July 18th.
47
48 But, there was the leaving it until July 31st as an
49 absolute outside date and your indication about the proof
50 of documents seemed to back that up. So, if the drawbridge
51 has to go down completely on any further evidence, then I
52 think that a date should be set after today, so that we
53 know that we have got until whenever it is, to absolutely
54 clear up X, Y and Z. That may be a helpful exercise, that
55 prompted by Mr. Rampton's submission today. But that is
56 basically all I have got to say.
57
58 MS. STEEL: Also, just to make the point that this was served
59 ten days ago.
60
