Day 241 - 26 Apr 96 - Page 17


     
     1        if we have grounds for a formal objection or not.  That is
     2        what we are basically saying.
     3
     4   MR. JUSTICE BELL:  I am afraid you cannot trail your case so
     5        I can give you an answer in advice.  You are perfectly
     6        entitled to object; any party is, if only on the grounds
     7        that the opposing party has had an opportunity to serve a
     8        witness statement and call a witness before and has not
     9        chose to do so.  You are perfectly entitled to say, "We
    10        object in the sense we do not consent and we leave it up to
    11        you to do what is right."  It is just for you to tell me
    12        whether you object or not.  In any event I will apply my
    13        own judgment to it whatever you do, but it is helpful to
    14        know whether there is a formal objection.
    15
    16   MS. STEEL:   You know, I feel it is a very difficult situation
    17        because we are not making objections to these statements
    18        just for the sake of it.  For example, there are other of
    19        the Plaintiff's witnesses whose statements have only just
    20        been served, Mr. Preston.  There was various supplementary
    21        statements from Mr. Morganti and from other witnesses, the
    22        US solicitor's letter, things like that.  We are not making
    23        objections just for the sake of it.  We are concerned
    24        because these issues were basically over and done with.
    25        The witness had been in the box and left the box, but we
    26        are being put in an extremely difficult position because
    27        rather than objecting to things he thinks that are
    28        objectionable in their own right, Mr. Rampton is
    29        threatening that if we object to his witnesses, he is going
    30        to object to ours.  Even though, as we see it, it is a
    31        totally different situation because that section of the
    32        case where we are calling evidence is still under way and
    33        it is not over by a long chalk.
    34
    35   MR. JUSTICE BELL:  When I have dealt with Wright, Trout,
    36        Pearson, Howes, one way or another, I will want you to
    37        remind me which have your witnesses you have not asked my
    38        leave for and I will deal with them again, whether or not
    39        Mr. Rampton makes any objection to them.  Just as I will
    40        deal with those 4 whether or not you make any objection to
    41        them.  I merely wanted to know whether there is a formal
    42        issue about it or not.  A judge is entitled to know that.
    43        But do not fuss yourself about it, just put any argument
    44        you want in relation to Wright, Trout, Pearce and Howes.
    45
    46   MS. STEEL:  I think that was all I had to say on those.
    47
    48   MR. JUSTICE BELL:  Yes.  Do you want to say anything,
    49        Mr. Morris?
    50 
    51   MR. MORRIS:  No, I have nothing further. 
    52 
    53   MR. JUSTICE BELL:  I do give leave to call all the four
    54        witnesses.  Mr. Wright deals with the evidence of Thomas
    55        Yenssen and I do not think it would be fair to shut out his
    56        evidence.  I do not think it is unfairly prejudices
    57        Ms. Steel or Mr. Morris in any way and in my view the same
    58        applies to Miss Grainne Trout who deals with matters in the
    59        statement made by Mr. Alistair Duncan.  I consider that the
    60        evidence of Miss Pearce is admissible as to the fact that

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