Day 169 - 04 Oct 95 - Page 29
1 MR. JUSTICE BELL: No. One of the ironies of the matter is that
2 if Ms. Steel and Mr. Morris had been represented, they
3 might well have been advised just to leave their French
4 witnesses as Civil Evidence Act, in other words, keep low,
5 because you were showing no signs of producing anything to
6 refute that evidence and I might very well have been put in
7 the position where I would have been bound to accept the
8 written evidence in lack of anything to contradict it.
9
10 MR. RAMPTON: That is the trouble because I cannot put anything
11 in writing.
12
13 MR. JUSTICE BELL: Exactly.
14
15 MR. RAMPTON: I can certainly cross-examine Monsieur Lamti until
16 I am blue in the face if he comes along.
17
18 MR. JUSTICE BELL: But that is just comment by the way.
19
20 MR. RAMPTON: Yes, my Lord, what it does mean is that I would
21 appreciate some help from your Lordship with what we now do
22 with next week, because that means that the three days your
23 Lordship had set aside for the French witnesses are now
24 blank unless I can find somebody else.
25
26 MR. JUSTICE BELL: I think steps should be taken to fill time
27 next week. The provisional schedule had French witnesses
28 to be confirmed in from Monday. My recollection is that
29 the idea was that they might start on Wednesday, 11th
30 rather than earlier because you thought you could complete
31 them in three days, and it would give Mr. Morris and
32 Ms. Steel more time to grapple with their statements which
33 they would have received not long before.
34
35 MR. RAMPTON: Yes, that was right. So, my Lord, I am entirely
36 in your Lordship's hands. Obviously now that we are at
37 Wednesday -----
38
39 MR. JUSTICE BELL: Who could you put in? If you think of
40 Wednesday on this basis, that Ms. Steel and Mr. Morris
41 might say: "Can we not have Monday and Tuesday as
42 preparation days anyway if a witness who was going to be
43 called later is now going to be called earlier?" A witness
44 of any kind -- I think we should keep away from nutrition
45 because I have got to -----
46
47 MR. RAMPTON: Yes. I can think of several possibilities. First
48 of all, there is the argument on meaning which at the
49 moment is posted for Friday, 20th. Your Lordship might
50 consider bringing that forwards. Then there is always
51 Mr. Fairgreave, if I can lay hands on him for a day or so,
52 whatever is needed that week. There is Mr. Preston, but
53 I think I remember your Lordship saying on the whole you
54 prefer Mr. Preston to come back when all or most of the
55 other evidence is completed, the Plaintiff's evidence, on
56 the issues in the case, publication does not matter
57 perhaps, but the other substantive issues in the case.
58
59 MR. JUSTICE BELL: That is, essentially, a matter for you,
60 because you can really call Mr. Preston back when you
