Day 080 - 30 Jan 95 - Page 62


     
     1        crossed my mind even to wonder why it should be.  It is
     2        entirely a matter for you to decide which of the witnesses
     3        in respect of whom you have served statements you choose to
     4        call.
     5
     6   MS. STEEL:   I think that was because of an admission by the
     7        Plaintiffs.
     8
     9   MR. JUSTICE BELL:  It may well have been but it did not even
    10        occur to me to wonder why; it is totally irrelevant.
    11
    12   MR. RAMPTON:  If your Lordship were to read and the Defendants
    13        were to read paragraphs 11, 12, 20, 21 and 22 of
    14        Mr. North's statement, they would understand that I do not
    15        need to call him.
    16
    17   MR. JUSTICE BELL:  I am not concerned why parties do or do not
    18        call their own witnesses.
    19
    20   MS. STEEL:  We want to call Mr. Clark if Mr. Rampton is not
    21        calling him.
    22
    23   MR. JUSTICE BELL:  That is up to you but, quite frankly -- I am
    24        not saying it in respect of this -- if I were you, if you
    25        hear that Mr. Rampton is not going to or is not minded to
    26        call a witness as presently advised, he has given you a day
    27        or so's notice that that is his point of view, you just sit
    28        down and think about it and make a decision on whether you
    29        are going to call him or not.  You do not have to tell me
    30        now.
    31
    32   MR. MORRIS:  If he is going to be heard, it might be appropriate
    33        for him certainly to be heard in the place he was due to be
    34        heard this week.
    35
    36   MS. STEEL:  As he is down here already.
    37
    38   MR. JUSTICE BELL:  Yes, I dare say.
    39
    40   MR. RAMPTON:  Otherwise he goes back to Scotland and we will
    41        have to subpoena him.
    42
    43   MR. JUSTICE BELL:  That is a bit unreasonable, is it not, if he
    44        has come here anyway?
    45
    46   MR. RAMPTON:  I know but if he is not heard while he is here, he
    47        can go back to Scotland.  I am not going to keep him here.
    48
    49   MR. JUSTICE BELL:  That is precisely what, no doubt, Mr. Morris
    50        has in mind. 
    51 
    52   MR. RAMPTON:  My Lord, I hope the Defendants understand that if 
    53        they call him they cannot cross-examine him and I can.
    54
    55   MR. JUSTICE BELL:  Yes, I explained to that you before.
    56
    57   MR. RAMPTON:  I can ask him any question, leading question,
    58        under the sun that I like.  I hope they understand that.
    59
    60   MR. MORRIS:  May be that is why you want to do it, but that is

Prev Next Index