Day 169 - 04 Oct 95 - Page 64


     
     1   MS. STEEL:  Does it matter whether or not we call the other
     2        publication witnesses before us or after us?
     3
     4   MR. JUSTICE BELL:  I personally would have no objection to you
     5        calling them either way.
     6
     7   MR. MORRIS:  This is our own ones.  We are talking about our own
     8        publication ----
     9
    10   MR. JUSTICE BELL:  Whether Mr. Rampton has any view on it ...
    11
    12   MR. MORRIS:  So Mr. Rampton has to call his ones first.
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MS. STEEL:   The other thing -- during cross-examination, will
    17        we be allowed to have a notebook in there?
    18
    19   MR. JUSTICE BELL:  Yes.
    20
    21   MS. STEEL:   So that we can make notes if there is something we
    22        do want to bring up in what would be the equivalent of
    23        re-examination; otherwise we might forget to ----
    24
    25   MR. RAMPTON:  My Lord, I would propose in due course to say
    26        something about this problem of note taking while the
    27        Defendants are being cross-examined because, of course,
    28        while they are under oath and giving evidence they cannot
    29        communicate with each other.  So, even if Mr. Morris is
    30        taking a note of Ms. Steel's cross-examination, though he
    31        can give it to her, he cannot talk about it with her.  It
    32        is something to which I have given due thought.
    33
    34   MR. JUSTICE BELL:  I think it would be fraught with danger if
    35        Mr. Morris gave Ms. Steel a note.  He can achieve what he
    36        might want to do by that by asking questions of Ms. Steel
    37        himself.  I think you should take into the witness box a
    38        notebook in which you have put a note of the things you
    39        want to deal with in which you have left a blank space at
    40        the back as you go along to put an aide memoire.  If you
    41        suddenly remember, for instance, while you are saying
    42        something about one topic that you forgot to say something
    43        about a topic you have already dealt with, just tell me you
    44        want to make a note and we will pause while you make a note
    45        to that effect, because it will be more efficient if you
    46        stored them up and dealt with them in some logical order
    47        towards the end rather than keep saying, "By the way,
    48        I forgot to say that".
    49
    50   MS. STEEL:   Thank you. 
    51 
    52   MR. JUSTICE BELL:  If I were you, I would spend some time making 
    53        your heads of what you want to speak on, certainly no later
    54        than the vacation over the turn of the year but earlier
    55        than that if you get time, because when you do that I will
    56        not be very surprised if you do not realise there are
    57        matters which you want to speak to which are not included
    58        in your witness statements which have been disclosed, and,
    59        if that is so, you should put them in an understandable
    60        written form so that they can be served on Barlow Lyde and

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