Day 148 - 05 Jul 95 - Page 52
1 trying to see if there are any more N's without question
2 marks. No, there are not. The general submission we are
3 making is that the Plaintiffs called a witness in rebuttal
4 to our witness, Mr. Bennett, produced voluminous documents
5 which he commented on following our witness. We believe
6 the effectiveness and strength of our witness's evidence,
7 they want a second bite of the cherry which they chose not
8 to call the first time; they chose not to call someone from
9 Jarretts which was their own choice and now, under the
10 guise of rebuttal, they want to get a second bite of the
11 cherry. In fact, this is not rebuttal at all. These are
12 all matters, every single relevant point in Mr. Bone's
13 statement is old ground. Therefore, the rebuttal claim
14 just does not hold water. Ms. Hovi should be released.
15 Did she do any re-examination? I do not know exactly the
16 course to take.
17
18 MR. JUSTICE BELL: She went away from court, with my agreement
19 of course, before cross-examination.
20
21 MR. MORRIS: I think the decision is yours alone really because
22 I do not understand what her status would be, but our
23 application is that she should be released. That is it
24 really.
25
26 MS. STEEL: There were a couple of other things I wanted to
27 say. I do not know whether you want me to say them now or
28 not?
29
30 MR. JUSTICE BELL: No, not unless it is absolutely vital,
31 because I do need to get away. How much longer do you
32 expect to take in the morning?
33
34 MS. STEEL: Not more than 10 minutes on this.
35
36 MR. JUSTICE BELL: What about the recall of Mrs. Barnes?
37
38 MR. MORRIS: I may want to deal with the soya issue as well.
39 I think certainly at the most two hours, probably an hour
40 and a half.
41
42 MR. JUSTICE BELL: What I suggest, and it may or may not be
43 convenient, is that we will have Mr. Stanton -- where is he
44 coming from?
45
46 MR. RAMPTON: Either Wales or Birmingham.
47
48 MR. JUSTICE BELL: What do you suggest, Mr. Rampton?
49
50 MR. RAMPTON: My Lord, I am a bit unhappy about this, but there
51 is nothing that can be done. He obviously is not going to
52 get started any time tomorrow morning because if the
53 Defendants are still going to be another, they say, two
54 hours, that is probably three, that takes us past the
55 adjournment. I have then to reply which, of course, I have
56 not done yet.
57
58 MR. JUSTICE BELL: The strict situation is that when you have
59 replied the Defendants then have a right to reply to what
60 is your answer to their applications, do they not?
