Day 279 - 12 Jul 96 - Page 18


     
     1        that we were asked to do.
     2
     3   MR. MORRIS:  Yes.  This is a statement about the extent of risk
     4        which we were asked to -- well, it was not asked but it was
     5        expected we would have to deal with.  In particular, we
     6        were asked to send the statement that we got from
     7        Dr. Arnott and Professor Naismith to our expert witnesses,
     8        which we did, and for them to comment on.  So, this
     9        statement should be seen exactly for what it is, it is
    10        commenting on what effectively became a new issue in the
    11        case following the Court of Appeal's judgment that it was.
    12
    13   MR. JUSTICE BELL:  I do not actually agree with you, because I
    14        think everything which is there was actually canvassed
    15        under the evidence, but I am quite prepared to accept that
    16        this has come as a result of sending Dr. Arnott and
    17        Professor Naismith's new statements to Dr. Barnard.
    18
    19   MR. MORRIS:  Sorry, it was not so much a new issue but an issue
    20        that became--
    21
    22   MR. JUSTICE BELL:  Clearer, you would say.
    23
    24   MR. MORRIS:  Clearer, yes, and it was expected that the parties
    25        would wait until the result of that appeal for action to be
    26        taken when it was all clear.  So, this is in response to
    27        Arnott's and Naismith's statements that -- and obviously
    28        you cannot keep calling witnesses to respond to their
    29        response to their response, because after all Arnott and
    30        Naismith are responding to previous testimony.  So, I think
    31        this is quite, it is not unexpected.  In fact, we were
    32        announcing that we were going to do it and trying to get
    33        hold of the statement as soon as we could following the
    34        Court of Appeal.
    35
    36   MR. JUSTICE BELL: That is it, really, is it not?
    37
    38   MR. MORRIS:  It is basically it.  As far as the drawbridge going
    39        down, the drawbridge, as far as we could see it, had not
    40        gone down.  You had said things like, "I will have to at
    41        some stage decide when the oral evidence finishes in this
    42        case, or, in fact, any evidence of any kind finishes in
    43        this case", and no decision had been made yet.  The only
    44        indication that we could see that we had was the indication
    45        about, well certainly, that you had hoped that the oral
    46        evidence would finish on July 18th.
    47
    48             But, there was the leaving it until July 31st as an
    49        absolute outside date and your indication about the proof
    50        of documents seemed to back that up.  So, if the drawbridge
    51        has to go down completely on any further evidence, then I
    52        think that a date should be set after today, so that we
    53        know that we have got until whenever it is, to absolutely
    54        clear up X, Y and Z.  That may be a helpful exercise, that
    55        prompted by Mr. Rampton's submission today.  But that is
    56        basically all I have got to say.
    57
    58   MS. STEEL:  Also, just to make the point that this was served
    59        ten days ago.
    60

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