Day 198 - 08 Dec 95 - Page 39
1 MR. MORRIS: I may have made a mistake on that. I think our
2 intention is not to call Mr. Townsend.
3
4 MR. RAMPTON: I can put a cross against him. Mr. Donehey and
5 Mr. Blick have all got question marks on them, but they are
6 all, I think, from different places. Of course, when we
7 originally got this list of witnesses, we prepared such
8 evidence as we were able to do on the basis of what was
9 said in the witness statements of the Defendants'
10 witnesses. I have not, of course, called those witnesses.
11 What I really do need to know is whether these witnesses
12 are actually going to be called, because, if they are, then
13 I will need to call evidence which I have not done. I have
14 only called evidence to meet allegations made by the
15 Defendants' witnesses when I have known that the
16 Defendants' witnesses are going to give evidence.
17
18 MR. JUSTICE BELL: That has come to be the procedure.
19
20 MR. RAMPTON: Yes, my Lord, but the reason is this, there is no
21 point -----
22
23 MR. JUSTICE BELL: I understand that. It is very sensible.
24
25 MR. RAMPTON: I am grateful to your Lordship. What it does mean
26 is that there comes a time when it is no good Mr. Morris
27 saying: "Well, I think I may" or "I am not sure whether I
28 will" because I have to organise people to come to court.
29 I am only going to do that when I am told for certain.
30
31 My Lord, one of the things I was going to suggest that we
32 dealt with next Friday was that Mr. Morris should actually
33 say who he is calling and when he proposes to call them.
34 The reason I emphasise the "when" is because I also have to
35 schedule people for next term, or Mrs. Brinley-Codd does,
36 I should say. It is she who does the work.
37
38 Unless I know which of the Defendants' witnesses are coming
39 to court and when they are coming (and that applies to the
40 two Harrisons and to Mr. Shafibeik as well) we cannot
41 sensibly schedule our witnesses for next term. That is
42 something we have to do, because they are all working
43 people and they need to make holes in their diaries so that
44 they can come to court.
45
46 I would invite your Lordship to encourage the Defendants
47 very strongly to have something a little bit more concrete
48 than these vague indications that your Lordship has been
49 given today, and have something very much more concrete
50 when we meet again next Friday.
51
52 MR. JUSTICE BELL: What I would like you to do -- we are going
53 to have an early day today; you have got next Wednesday and
54 Thursday when I cannot sit on this case anyway -- I would
55 like you to do your very best to have a discussion and tell
56 me of it a week today, which is our last day this term.
57 What I would like you to do, you can think back over the
58 evidence you have been able to call with regard to stores
59 which have come prominently into the picture, or the
60 evidence you anticipate being able to call about such
