Day 088 - 13 Feb 95 - Page 86


     
     1   MS. STEEL:  Her statement was, in fact, served on 6th December.
     2
     3   MR. JUSTICE BELL:  Is there any more you want to say,
     4        Mr. Rampton?
     5
     6   MR. RAMPTON:  Yes, my Lord, there is.  Ms. Hovey's statement is
     7        quite specific.  Mr. Morris is wrong in assuming that this
     8        particular person cannot talk about Jarrets at the time
     9        that she was there because he can.  What I would wish to
    10        say is that I find it somewhat ironical that the Defendants
    11        are making a fuss about me wanting to delay the calling of
    12        a witness, given some of the trouble we have had in this
    13        case.
    14
    15        Leaving that on one side, your Lordship will want to decide
    16        this case, I apprehend, on the best evidence available.  I
    17        do not control Jarrets.  I cannot tell them what evidence,
    18        if any, they should be offering to McDonald's in this
    19        case.  If they tell us that this is the witness they are
    20        prepared to offer and no-one else, there is not a lot I can
    21        do about it.
    22
    23   MS. STEEL:  Cannot Mr. Rampton subpoena -----
    24
    25   MR. RAMPTON:  I would not dream of it.
    26
    27   MR. JUSTICE BELL:  I do not understand why that should be so.
    28        As far as I am concerned, witnesses from Jarret are just
    29        witnesses.  Be anyone at Jarret can be proofed by your
    30        instructing solicitors.
    31
    32   MR. RAMPTON:  It is a question of whether they are willing to
    33        come to court or not.
    34
    35   MR. JUSTICE BELL:  If they not willing to come to court, you
    36        have to decide whether to subpoena them or just leave it as
    37        it is.
    38
    39   MR. RAMPTON:  I might do that but, my Lord, I would like that to
    40        answer Ms. Hovey's evidence and I would like to do it with
    41        the person that Jarrets tell me is the best qualified to
    42        answer her.  She is, after all, a qualified veterinarian.
    43        The person that I would use to answer is somebody who is
    44        not, as it were, batting for Jarrets because he has not a
    45        vested interest in doing so.
    46
    47   MR. JUSTICE BELL:  I am afraid I feel you have had over two
    48        months since her statement was served.  It includes the
    49        Christmas vacation.  I consider that you should call such
    50        witnesses as you have available to be called on 8th, 9th 
    51        and 10th March.  If they overflow in some way, we will have 
    52        to cope with that.  But if there is an expert's report on 
    53        27th March, it cannot be dealt with or considered by the
    54        other side, effectively, so that someone else is called, if
    55        they want to, until next term, and I do not think that is
    56        satisfactory.  In any event, I think, taking into account
    57        as I do the pressures and time-consuming qualities of a
    58        case that is long and complicated as this, I feel there has
    59        been enough time to decide and get witnesses in order.
    60

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