Day 182 - 02 Nov 95 - Page 40


     
     1        scheduled for today and tomorrow morning.
     2
     3   MR. RAMPTON:  Yes.
     4
     5   MR. JUSTICE BELL: I had anticipated -- and I am sure you have --
     6        that as he had come to this country he would give some
     7        evidence beyond that which appears in his written
     8        statement; and, since Norway is not so very far away,
     9        Mr. Holm might be tee'd up, or Mr. Graham, to give further
    10        instructions.  If there had to be -- and if, indeed, there
    11        has to be -- an adjournment so that you do some this
    12        afternoon and carry on in the morning or, indeed, say,
    13        "Well, I would like to cross-examine in the morning", so
    14        be it.  But what I would like to avoid is any suggestion
    15        that Mr. Jenssen goes back to Norway, but may have to be
    16        come back for cross-examination, because I have to say
    17        I think that is totally unrealistic.  Either he or the
    18        Defendants would be entitled to say, "Well, there are
    19        difficulties about that"; and if there were difficulties
    20        about that, be they financial or anything else, I cannot
    21        say, "Well, in that case I am going to disregard the
    22        evidence he has given in court."  So one has to deal with
    23        the practical problem.
    24
    25   MR. RAMPTON:  I quite agree with that, if I may say so; and
    26        I did actually say before lunch that I was not suggesting
    27        Mr. Jenssen would have to come back.
    28
    29   MR. JUSTICE BELL: I misheard you.
    30
    31   MR. RAMPTON:  What I think I may need your Lordship's -- I do
    32        not know if I need leave, actually, but if I did -- what
    33        I might ask your Lordship to do is to admit further
    34        evidence from my people in Norway, perhaps in writing,
    35        perhaps in person.
    36
    37   MR. JUSTICE BELL:  Ms. Steel, when we were discussing this
    38        yesterday afternoon, suggested that a way through the
    39        problem would be that there could be no objection to you
    40        serving further Civil Evidence Act statements to deal with
    41        any fresh matters which might be raised by ---
    42
    43   MR. RAMPTON:  That was one -----
    44
    45   MR. JUSTICE BELL: -- Mr. Jenssen.
    46
    47   MR. RAMPTON:  That was one answer to the problem that was in my
    48        head before lunch, before your Lordship delivered what you
    49        have called your parting shot.  Another might be, actually,
    50        if this turns out to be a serious contest, that I would 
    51        actually have to call Mr. Holm or one of his assistants, 
    52        which, again, I would do, but of course when I did it 
    53        I would do it with proper notice of everything that they
    54        were going to say.
    55
    56        I do lay some emphasis on those words, because what has
    57        happened today -- though I do not say it is a wholly case
    58        -- it is in that kind of category.  Apart from the
    59        inconvenience that it causes in the administration of the
    60        case, it leaves me facing a whole lot of things that I had

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