Day 146 - 03 Jul 95 - Page 12


     
     1   MR. JUSTICE BELL:  Yes.  If any party says, whether or not they
     2        have been taken by surprise:  "Look, I know we passed that
     3        topic or we have heard some of the evidence on it, but we
     4        have a witness we would like to call", I can go right back
     5        to square one and say:  "What are the interests of justice
     6        in the case?  Should I allow it?", whichever side that
     7        happens on.
     8
     9   MR. RAMPTON:  Although I have not said it, I do believe that
    10        this case should be decided upon all the available
    11        evidence, so far as it is relevant.  I do, now I am using
    12        Mr. Morris' words -- I hope he adheres to his general
    13        principle -- wish the truth should be known.  If Mr. Bone
    14        is right, it is quite clear that the truth will not emerge
    15        through Ms. Hovi's evidence to date.
    16
    17        My Lord, I will not say any more than that for the moment.
    18
    19   MR. JUSTICE BELL:  We will come back at two o'clock because
    20        I have to get the transcripts together.  I will hand that
    21        one back because I will bring my own copy after the mid-day
    22        adjournment.  We will resume at two o'clock.
    23
    24                        (Luncheon Adjournment)
    25
    26   MR. JUSTICE BELL:  Yes?
    27
    28   MR. RAMPTON:  Does your Lordship now have week 30's
    29        transcripts?
    30
    31   MR. JUSTICE BELL:  Yes.
    32
    33   MR. RAMPTON:  That is 30th and 31st March.  My Lord, a
    34        convenient starting point so as to make this exercise
    35        shorter than it would otherwise be and to leave it to the
    36        Defendants to satisfy your Lordship if they can that -----
    37
    38   MS. STEEL:  Sorry, week 30's transcripts?
    39
    40   MR. JUSTICE BELL:  If you can just give the dates it is easier
    41        for me because I do not have the first idea of what week 30
    42        or 29 is.  I have some day numbers but basically I just use
    43        the dates.
    44
    45   MR. RAMPTON:  The dates are 30th and 31st March, Thursday, 30th,
    46        and Friday, 31st March of this year.  My Lord, a convenient
    47        starting point, as I say, so as to abbreviate this exercise
    48        so far as possible, leaving the Defendants to satisfy your
    49        Lordship, if they can, that I am wrong about this, is page
    50        38 of 30th March, day 111. 
    51 
    52        My Lord, at line 13 after hearing what I thought at the 
    53        time was a mass of material from Ms. Hovi that I had had no
    54        notice of whatsoever, I intervened.  What I would ask your
    55        Lordship to do is to read the transcript from line 13 on
    56        page 38 down to line 53 on page 40.
    57
    58   MR. JUSTICE BELL:  Yes.
    59
    60   MR. RAMPTON:  My Lord, three things, if I may try to summarise

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