Day 152 - 11 Jul 95 - Page 80


     
     1        that situation could not occur.
     2
     3   MR. MORRIS:  Might that be a good time to break?
     4
     5   MR. JUSTICE BELL:  Yes.
     6
     7   MR. JUSTICE BELL:  Mr. Davis, subject to anything you hear said
     8        before we adjourn, I would like you to come back in plenty
     9        of time to resume at 10.30.  Do not talk to anyone about
    10        the contents of your evidence, please.
    11
    12   THE WITNESS:  OK, sir.
    13
    14                       (The witness withdrew).
    15
    16   MR. RAMPTON:  My Lord, I am getting a bit worried about the
    17        schedule.  I heard a rumour, I do not know how true it is,
    18        that your Lordship or the Defendants wanted your Lordship
    19        to do further interlocutory work on Tuesday 18th, a week
    20        today.  I am not objecting to it at all, but it makes
    21        scheduling difficulties for us.  We have to try to find, we
    22        believe, witnesses for Friday and Monday, a witness, and it
    23        would help to know two things: First, whether that date,
    24        Tuesday 18th, is a fixture for interlocutories, and second,
    25        if we brought Mr. Fairgrieve back whether the Defendants
    26        thought they could finish him in a day, because if not
    27        I would not bring him; I would put somebody else in.
    28
    29   MR. JUSTICE BELL:  I think we should work forward from where we
    30        are at the moment and see where we get to.  The suggestion,
    31        as Mr. Atkinson or Mrs. Brinley-Codd may well have told
    32        you, was that Mr. Morris had it in mind that I had said we
    33        were going to come back to any interlocutory matters,
    34        including the question of amendment of the plea of
    35        justification, on Monday of next week.  My recollection is
    36        that I said I thought we ought to deal with it sometime
    37        early next week.  He was asking could we deal with it on
    38        Tuesday rather than Monday to give more time for
    39        preparation and I saw no objection to that, but I also said
    40        something to the effect that we would have to see how we
    41        got along in the remainder of this week.
    42
    43   MR. RAMPTON:  It is just a question of who I have available.
    44
    45   MR. JUSTICE BELL:  Let us work forward.  How long should we
    46        allow for cross-examination of Mr. Davis so that we can get
    47        some idea of how best to use our time up to Tuesday, 25th
    48        July?
    49
    50   MR. MORRIS:  It is very difficult to tell.  Obviously the whole 
    51        Colchester situation is quite important. 
    52 
    53   MR. JUSTICE BELL:  I appreciate that, but unless we have some
    54        idea we cannot make any plan at all.  So just do your best
    55        to put a time estimate on it.
    56
    57   MR. MORRIS:  It is certainly going to go on until Thursday.
    58        I do not know whether it is certain we will go over to
    59        Friday.  I would like to say that I am very unhappy about
    60        Mr. Fairgrieve being scheduled in the middle of cramped in

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