Day 244 - 03 May 96 - Page 27
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2 MR. RAMPTON: I quite agree.
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4 MR. JUSTICE BELL: -- we really must have an answer in writing
5 in time for her to consider that before she gives
6 evidence. I say "must". It is obviously highly desirable
7 that we do.
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9 MR. RAMPTON: I agree with that, my Lord, but, as your Lordship
10 has already ruled -- I do not want to take this point now
11 -- I do not have the power to compel Mr. Morganti to
12 comply with your Lordship's wishes, much as I would like
13 him to do so, and if he does not he does not, and I do not
14 know there is anything I can do about it. We have done
15 everything humanly possible. We have used both the
16 American lawyers and the English and there is not a lot
17 I can do. If he will not do it, he will not do it. He
18 says that he will, and I just sit in hope that I get a
19 piece of paper with the information on it sooner rather
20 than later.
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22 MR. JUSTICE BELL: How long would it have taken you to disclose
23 any material which you had in relation to that part, rather
24 than approach Senor Morganti?
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26 MR. RAMPTON: My information thus far is that it would be the
27 work of a split second, because there is not any.
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29 MR. MORRIS: Can we formally make an application in the light of
30 -- it seems that we may not get the statement of
31 Mr. Morganti, that an interrogatory be -- that the
32 Plaintiffs be submitted to an interrogatory to disclose the
33 sources, the geographical sources of their supplies in
34 Goias State in Brazil. They obviously have the
35 information, whether it is in documentary form or not; they
36 claim to know all their sources of supply and, therefore,
37 interrogatories should not take very long to answer.
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39 MR. JUSTICE BELL: I do not think interrogatories are
40 appropriate at all because they only deal with officers of
41 the First Plaintiff.
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43 MR. MORRIS: Yes, but they must know.
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45 MS. STEEL: They are under a duty to make all relevant
46 inquiries to find out as well, but, as they said, they must
47 know because they claim to know all the sources.
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49 MR. JUSTICE BELL: Quite frankly, I think it is much more
50 appropriate. I am not going to do both. If you want an
51 interrogatory and nothing from Senor Morganti you can have
52 it, but the answer to the interrogatory may be totally
53 arid, just as discovery might be. It seems to me that you
54 would do better to wait and see what Senor Morganti turns
55 up.
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57 MS. STEEL: I am just a bit concerned that we seem to have been
58 waiting for quite a long time. Anyway, there are a couple
59 of other things I wanted to raise.
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