Day 182 - 02 Nov 95 - Page 40
1 scheduled for today and tomorrow morning.
2
3 MR. RAMPTON: Yes.
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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.
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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.
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29 MR. JUSTICE BELL: I misheard you.
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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 ---
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43 MR. RAMPTON: That was one -----
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45 MR. JUSTICE BELL: -- Mr. Jenssen.
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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
