Day 130 - 26 May 95 - Page 82
1 had proposed to your Lordship (and I had understood your
2 Lordship to say was sensible) was that when they have been
3 served, which I do not mean they will be weeks or anything
4 like that, but they will not be ready for tonight or
5 anything like that, they will be looked at. If the
6 Defendants thought they needed to cross-examine Mrs. Barnes
7 about them, they would apply to your Lordship for an order
8 that she be recalled. If your Lordship acceded to that
9 order, or I made no objection, then she would be recalled
10 but not otherwise.
11
12 MR. JUSTICE BELL: Yes. What I understood the position was that
13 you were going to get a copy of he safety audit.
14
15 MR. RAMPTON: That has been disclosed.
16
17 MR. JUSTICE BELL: You were going to get a couple of copies of
18 the HMSO publication.
19
20 MR. RAMPTON: Yes, we have done.
21
22 MR. JUSTICE BELL: So far as the report which lay behind the
23 statistics and the minutes of the quarterly meetings are
24 concerned, you or Mr. Atkinson were going to have a look at
25 that and then decide what your position was with regard to
26 possible discovery.
27
28 MR. RAMPTON: That is right.
29
30 MR. JUSTICE BELL: Depending on that, we might have to have an
31 argument about it, we might not. If at the end of the day
32 there was any further discovery, I would consider any
33 application which Ms. Steel or Mr. Morris made for recall
34 of Mrs. Barnes, but I mean, all that is some way down the
35 line.
36
37 MR. RAMPTON: That is what I had understood your Lordship to
38 say.
39
40 MR. MORRIS: Yes, but the point is they are either relevant or
41 they are not relevant. Mr. Atkinson saw them yesterday.
42 They are either relevant in which case we should have them
43 now or they should say they are not relevant -----
44
45 MR. JUSTICE BELL: I do not think a decision has to be made the
46 very following day. I would appreciate a decision on that
47 soon after we return on Tuesday week.
48
49 MR. RAMPTON: Yes. When I said it must wait a bit longer, I did
50 not mean weeks, a matter of days. It is not an easy job
51 because there is no question of both sets of documents
52 contain a very large amount of material that is irrelevant,
53 some in what might be arguably grey areas, I have not read
54 them, and some which arguably might be relevant depending
55 on what one sees as being the relevant issues on this
56 topic.
57
58 MR. JUSTICE BELL: In my view, there is absolutely no reason why
59 we should not carry on with the evidence.
60
