Day 061 - 05 Dec 94 - Page 75


     
     1   MR. JUSTICE BELL:  No, I promised you your two clear days.  Will
     2        you, please, make an enquiry of Ms. Dibb?  I almost
     3        hesitate to ask how long Mr. Van Erp is likely to take.
     4
     5   MR. MORRIS:  The Plaintiffs have referred quite a lot of the
     6        things to Mr. Van Erp, the witness, saying:  "That is
     7        something to ask Mr. Van Erp".
     8
     9   MR. JUSTICE BELL:  If we start Mr. Van Erp tomorrow morning, can
    10        we finish him in three days?
    11
    12   MR. MORRIS:  Yes, definitely finish him in three days.  We did
    13        have Mr. Hopkins due to arrive.
    14
    15   MR. RAMPTON:  He may have to be sacrificed.
    16
    17   MR. JUSTICE BELL:  I am just thinking aloud.  We have been on a
    18        variety of topics with Mr. Oakley.  I would quite like to
    19        finish Mr. Oakley's evidence if we can while it is pretty
    20        well still in mind.  If you have Mr. Van Erp next and if
    21        you come back to Mr. Oakley then on Friday, you will have
    22        in mind anything which has cropped up in Mr. Van Erp's
    23        evidence which you must ask Mr. Oakley, quite apart from
    24        the fact you have, presumably, prepared your
    25        cross-examination of Mr. Oakley on nutrition and if he
    26        comes back on Friday that will still be there in your
    27        memory, rather than coming back to prepare it all over
    28        again.
    29
    30        All this is subject to Ms. Dibb, because if Ms. Dibb is not
    31        called on Friday, if not calling her on Friday means that
    32        she has no date within the near future when she could come
    33        back, then I would be inclined to stick with Friday.  But
    34        if were to ring her and find out that she could come early
    35        next week -----
    36
    37   MS. STEEL:  I think the problem is if she is moved to early next
    38        week, we hit the same problem which is that we do not get
    39        any time.
    40
    41   MR. JUSTICE BELL:  Yes, you do.  You get two days willy-nilly.
    42
    43   MS. STEEL:  Yes, but in that case then Mr. Oakley could come
    44        back at the beginning of next week and it would not make
    45        any difference, would it?
    46
    47   MR. JUSTICE BELL:  It would not, except we have interposed
    48        someone else and a weekend between Mr. Van Erp and
    49        concluding his evidence.  What is the position at the
    50        beginning of next week, Mr. Oakley? 
    51 
    52   THE WITNESS:  I need to get my diary. 
    53
    54   MR. MORRIS:  We are very fortunate to have Mr. Hopkins in court
    55        actually, so if there is a need, we would be prepared to
    56        consider moving him so that that leaves some space.
    57
    58   MR. JUSTICE BELL:  My concern is, for better or worse, you see,
    59        Ms. Dibb had to go over for her evidence to be completed.
    60        For better or worse, we have gone away for the time being

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