Day 080 - 30 Jan 95 - Page 63


     
     1        your problem.  But, as far as we are concerned, we would
     2        like him to be heard.
     3
     4   MR. JUSTICE BELL:  Yes.  If that is your definite decision, so
     5        be it.  I am just trying to give you the benefit of some
     6        advice.  You do not have to commit yourself to doing it
     7        now.  I am not suggesting you have any reason for changing
     8        your mind.  You are perfectly entitled since, as I
     9        understand it, Mr. Clark was due to be called on, I think
    10        it was, Wednesday, was it not, because Dr. Jackson was
    11        listed for today and tomorrow, as it were?
    12
    13   MR. RAMPTON:  My Lord, they were both given two days but that
    14        was in an excess of generosity.
    15
    16   MR. JUSTICE BELL:  It may be but the fact is that Mr. Clark was
    17        scheduled for Wednesday.
    18
    19   MR. RAMPTON:  I think it is.
    20
    21   MR. JUSTICE BELL:  He is not going to back to Scotland -- is it
    22        Scotland?
    23
    24   MR. RAMPTON:  It is Scotland, Glasgow.
    25
    26   MR. MORRIS:  Have the Plaintiffs actually decided not to call
    27        him or are they reserving their position?
    28
    29   MR. RAMPTON:  I have said originally there was a strong
    30        possibility.  The Defendants must take such course as seems
    31        to them appropriate when I make my decision whether or not
    32        to call him.
    33
    34   MS. STEEL:  If we did not call him this week, if the Plaintiffs
    35        do not call him, we can still subpoena him at a later date;
    36        is that right?
    37
    38   MR. JUSTICE BELL:  Yes.  You may very well not have to do that.
    39        It is tiresome for Mr. Clark if he goes back to Scotland --
    40        I do not know how fond of London he is -- and has to come
    41        back again.
    42
    43   MR. MORRIS:  All I am saying is that he should be here, then if
    44        the Plaintiffs want to stand up with Mr. Clark in the room
    45        and say:  "We are not going to call him", we have the
    46        option then to ask him to go into the witness box.
    47
    48   MR. JUSTICE BELL:  Is Mr. Clark going to stay down until the end
    49        of Mr. Jackson's evidence?
    50 
    51   MR. RAMPTON:  Yes. 
    52 
    53   MR. JUSTICE BELL:  All I am prepared to say is this:
    54        Mr. Jackson will be called tomorrow.  I do not know whether
    55        he will finish tomorrow but, whenever he does finish which
    56        is bound to be this week -- it might well be tomorrow or,
    57        I suppose, if it is not tomorrow, one would expect that it
    58        would be on Wednesday -- then Mr. Rampton will say whether
    59        he is going to call Mr. Clark.  If he is going to call him,
    60        there we are.  If Mr. Rampton says:  "I do not propose to

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