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
