Day 146 - 03 Jul 95 - Page 14
1 giving up to that point has gone miles beyond the four
2 walls of her written statement, and that she had been
3 conscious of that before ever she went into the witness
4 box, and had offered to the Defendants a supplementary
5 statement setting out all the detail which she came to give
6 when she had gone into the witness box and that they had
7 declined it.
8
9 Whatever Mr. Morris may have said in answer to my
10 suggestion that they were trying to take us by surprise,
11 I ignore. That has nothing to the point. What is right to
12 say, in our submission, is that if the Defendants now find
13 themselves in a difficulty because Ms. Hovi came out with
14 all that material when she got into the witness box, they
15 have only themselves to blame because it could have been
16 avoided, and it was not.
17
18 My Lord, I go from there, if I may, my Lord, I invite your
19 Lordship to keep those transcripts by because they are both
20 convenient as a reference point when one looks at the
21 statement of Mr. Bone. Mr. Bone is in 7B, my Lord, of the
22 yellow -- my Lord, before one looks at this, it is perhaps
23 advantageous to remind oneself -----
24
25 MR. JUSTICE BELL: Yellow VII.
26
27 MR. RAMPTON: 7B, my Lord. It is a file all to itself. I am so
28 sorry.
29
30 MR. JUSTICE BELL: I remember reading his statement but I was
31 not sure where it had gone.
32
33 MR. RAMPTON: Your Lordship will remember that I put a key.
34 I say I -- that is not fair. In fact, this statement is
35 the work of Mr. Bone, Mr. Brinley-Codd and Mr. Atkinson,
36 for the large part. I put a key at the end -- we put a key
37 at the end of it ---
38
39 MR. JUSTICE BELL: Yes, I saw that.
40
41 MR. RAMPTON: -- indicating what we thought the status of the
42 new material from Mr. Bone was in relation to Ms. Hovi's
43 evidence. Having reviewed the thing over the weekend, I do
44 believe that we have been actually rather over-generous
45 with the "N" queries. In other words, there ought to be
46 fewer of them and more of the plain "N"s but, my Lord, that
47 may not matter very much.
48
49 Perhaps it is best initially to look back at Ms. Hovi's
50 written statement which is very short and only at the
51 bullet points because they are the only ones that matter.
52 My Lord, she is to be found in Defendants' 1.
53
54 MR. JUSTICE BELL: I have it in pale blue 1B at section E.
55
56 MR. RAMPTON: That is correct. She is tab 2 in section E, my
57 Lord. My Lord, the important points are the four bullets
58 under 6 on the first and second pages. The first two
59 bullets I have never said (and do not say now) give rise to
60 a problem we were always alerted to this misconception, to
