Day 165 - 27 Sep 95 - Page 45


     
     1
     2   MR. JUSTICE BELL:  I made it 18 days the ones we have got and
     3        you have two more.
     4
     5   MS. STEEL:  I might have added them up wrong, but I did make it
     6        more than 20 days.
     7
     8   MR. JUSTICE BELL:  I do think it is important that we fix
     9        Mr. Cesca for a day and then say that is when he will start
    10        whatever else.  We have 18th and 19th, two days the
    11        following week, that is four days; five days the following
    12        week, that is nine; two days the following week, that is
    13        eleven; five days the following week, that is 16.  If you
    14        took 20 days that would be up to Thursday 23rd, but I am
    15        contemplating that you may very well want to say, "We
    16        cannot get such and such an employment witness until
    17        later".
    18
    19   MS. STEEL:  Yes.  The point I was making was that was only
    20        examination-in-chief; those estimates were only examination
    21        in-chief.
    22
    23   MR. JUSTICE BELL:  But the cross-examination may not be very
    24        long.  If all you have to do is lose two or three of your
    25        one-day witnesses who cannot come until later ----
    26
    27   MS. STEEL:  I would have thought that even if cross-examination
    28        does not take very long it would come to more than just a
    29        couple of days.
    30
    31   MR. MORRIS:  Mr. Rampton did say in a letter or the Plaintiffs
    32        said that they expect -- I think there were a number of
    33        witnesses where it would take about half a day and the rest
    34        would take two hours or less.  That is what they said.  So
    35        we would have to allow something like, I do not know, seven
    36        or eight days.
    37
    38   MR. JUSTICE BELL:  How long is it estimated Mr. Cesca will take?
    39
    40   MR. RAMPTON:  My Lord, what I have asked him to do, as I have
    41        with other American witnesses of any substance, is to come
    42        for a week because it is not safe to expect that there will
    43        be a concise cross-examination I am afraid.  Therefore, one
    44        must allow for him having the week of 6th November.  As
    45        I say, I would earnestly ask your Lordship to say he should
    46        come at a particular time if he can and at no other time.
    47        I will repeat that I absolutely do not credit Mr. Morris'
    48        estimates for examination-in-chief.  If the reason why he
    49        has given, for example, Mr. Duncan and Mr. Bowland and
    50        Mr. Jensen a day when, in my opinion, they should not take 
    51        more than an hour at the most in-chief, if the reason for 
    52        that is they are going to say a whole lot more than is in 
    53        their statements then, of course, quite different
    54        considerations arise and it may be that if we are not
    55        careful we shall land in another Hovi situation.
    56
    57   MS. STEEL:  I think particularly with, for example, Mr. Jensen
    58        it should be borne in mind that there will be translation
    59        needed to be done.
    60

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