Day 007 - 06 Jul 94 - Page 49


     
     1        but where he refers to studies published by the Foundation
              of Advancements in Science and Education  .... He has
     2        actually got a copy of the paper which came from that
              study.
     3
         MR. RAMPTON:  My Lord, it is important because Professor
     4        Duxbury searched for all the papers mentioned by Mr.
              Lipsett and  he did not find any.
     5
         MR. JUSTICE BELL:   If things appear in mainstream publications
     6        one can go to an appropriate library, be it medical or
              whatever and summon them up.  Partly why I have mentioned
     7        it is insofar as these may not be mainstream publications,
              or studies which may (I do not know) have had a limited
     8        circulation or availability it is very important that Mr.
              Lipsett brings copies with him.
     9
         MR. MORRIS:  Before we break can I mention a few things?  Mr.
    10        Lipsett is coming on Saturday and obviously not being here
              it is very difficult for him to compile questions for us.
    11        Related to that, obviously there is not much we can do
              about it now.
    12
 
    13   MR. JUSTICE BELL:   You cannot ask Mr. Kouchoukos any questions
              in relation to his comments on Mr. Lipsett.  Well, if you
    14        feel you can, then do but you might be better advised not
              to.  What I suggest we do is that when you call Mr.
    15        Lipsett you put to him, if you choose, what Mr.
              Kouchoukos' comments were and ask him what he has to say
    16        about that.   Mr. Rampton will no doubt cross-examine him
              if you have not led him on it.  We will just have to see
    17        what the situation is then.
 
    18   MR. RAMPTON:  That is precisely why I did it in that way and I
              will do the same with Mr. Langert.
    19
         MR. MORRIS:  Related to that, it may be worth discussing now
    20         .... We do not know when we will finish cross-examining
              Mr. Kouchoukos. It was a pretty hefty submission there in
    21        examination.  So, we have a problem because Mr. Hopkins
              wants to be present when Mr. Mallinson is giving his
    22        evidence.  Mr. Hopkins has come especially because until
              yesterday it was said that Mr. Mallinson was not movable;
    23        he was due to be tomorrow.  Then we did say about a week
              ago that Mr. Hopkins could not do next week, and yesterday
    24        we were informed that Mr. Mallinson could do Monday, I
              believe.  That is not really very acceptable from our
    25        point of view because Mr. Hopkins cannot be either present
              to see him or to give his testimony afterwards while what 
    26        Mr. Mallinson said is fresh in our mind.  So, we did not 
              expect Mr. Kouchoukos to take quite so long, although 
    27        there is no criticism of that of course.  So, we were
              wondering whether ---- We have obviously got to juggle
    28        around.  We hve got Mr. Duxbury.  We have got Mr. Langert
              who it is said has to be heard straightaway.   I do not
    29        know if he is on holiday in this country.  I think it was
              said he was on holiday for five days.
    30
         MR. RAMPTON:  No.

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