Day 190 - 23 Nov 95 - Page 46
1 whether we deal with them now or rise and deal with them at
2 2 o'clock.
3
4 MR. MORRIS: I think we should get them out of the way in three
5 or four minutes. One is that Sarah Inglis, the article
6 which accompanies Sarah Inglis' statement -- and I think it
7 should be behind the statement -- the Plaintiffs asked us
8 to identify which parts she may refer to or rely on, or
9 whatever, and I have underlined the bits which I think and
10 I have given it to the Plaintiffs, so there should be a
11 copy for the parties.
12
13 MR. JUSTICE BELL: Thank you. (Handed). Yes?
14
15 MR. MORRIS: There is actually quite a serious problem which
16 I want to bring up regarding Melanie O'Riordon, who is
17 scheduled for tomorrow morning.
18
19 MR. JUSTICE BELL: What is the problem?
20
21 MR. MORRIS: The problem is that she has been advised by her
22 solicitor regarding her compensation case not to attend
23 court to give evidence here. Now, I have been trying to
24 contact the solicitor, and I will carry on trying to do so,
25 to see why that should be the case. I do not see why it
26 should be the case, but she says she will not do anything
27 against the wishes of her solicitor in the compensation
28 case. So, I do not know -- that puts me in a difficult
29 position.
30
31 MR. JUSTICE BELL: It may put you in a difficult position with
32 regard to calling her tomorrow, but what you have to decide
33 is whether you really do want to call her in the light of
34 the evidence there has been so far, whether it will advance
35 your case significantly to call her. If you decide, having
36 thought about it, that you do want to call her and she is
37 not willing to come you have to subpoena her. It is really
38 now, largely, that you have to ask yourself whether the
39 circumstances of the accident are important and whether the
40 basis on which she was to be paid are important, because we
41 agreed that all the toing and froing was not going to help
42 much at the end of the day.
43
44 MR. MORRIS: Yes. I mean -----
45
46 MR. JUSTICE BELL: The argument about who got cross with who.
47
48 MR. MORRIS: I think the first step is that we have to -- I have
49 been trying to phone the solicitor since yesterday, since
50 I heard about this last night.
51
52 MR. JUSTICE BELL: Can you get Mr. Baker to come tomorrow
53 morning?
54
55 MR. MORRIS: I can phone him up. Can we leave it in our hands
56 that we will try to clarify the situation with her, and if
57 we decide not to call her, bearing in mind what the sister
58 says, that we will try and contact Mr. Baker.
59
60 MR. JUSTICE BELL: What I would like you to do is -----
