Day 278 - 11 Jul 96 - Page 50


     
     1        one now.  Only subject to availability, because I do
     2        heartily endorse your Lordship's suggestion that the 18th,
     3        given that there is likely now, from what Mr. Morris has
     4        said, to be a long gap, is perhaps leaving it a bit late.
     5
     6   MR. MORRIS:  The only problem is that the person who is going to
     7        do it has another case on Monday and Tuesday.  He thinks it
     8        might go over to next Wednesday, but it may not.  In which
     9        case he could possibly do it on the Wednesday.  So, I mean,
    10        I can get back to him, because we were expecting to
    11        continue until that date.
    12
    13   MR. JUSTICE BELL:  Yes, is there any difficulty in keeping the
    14        Wednesday free Mr. Rampton?
    15
    16   MR. RAMPTON:  Not as far as we are concerned, my Lord, no.
    17
    18   MR. JUSTICE BELL:  We will hear it on Wednesday and Thursday,
    19        there is only a day difference.  If it can be the Wednesday
    20        rather than the Thursday, that is tidier in my view.
    21
    22   MR. MORRIS:  Yes, okay.  So what is the plan for tomorrow
    23        morning then?
    24
    25   MR. JUSTICE BELL:   The plan for tomorrow morning is that we
    26        start again at 10.30.  I will ask you whether you are going
    27        to give evidence.  I do not want you to say any more about
    28        that now.  I want you to come back in the morning with your
    29        decision.  If you decide to give evidence, on we go.  If
    30        you decide not to give evidence, can you say now what the
    31        matters are you would like to discuss?
    32
    33   MR. MORRIS:  That was one of them, this application.  But
    34        obviously I will not be able to do that tomorrow.  But
    35        there is any out standing Civil Evidence Act statements to
    36        be read out, that is Mr. Rampton's favourite part I hear.
    37
    38   MR. JUSTICE BELL:  I think we should deal with Dr. Barnard if we
    39        possibly can.
    40
    41   MR. RAMPTON:  I can say now that I object to the admission of
    42        Dr. Barnard's recent statement, simply on the grounds that
    43        it is far too late.  So Mr. Morris can deal with that in
    44        the morning, he is on notice.
    45
    46   MR. MORRIS:  Yes, we also have a statement from Professor
    47        Susannah Hex.  I do not know if I explained that it
    48        actually was e-mailed to me about five days ago and got
    49        lost in the system.  I did indicate that we were getting a
    50        statement from her in relation to Senor Mulgante's further
    51        statements, which she had not seen when he wrote her
    52        original statement.  I am hoping that will be completed
    53        tonight.  If so, I shall fax it to the plaintiff's as soon
    54        as I get it.  Then, if that is acceptable, we would like to
    55        read that out or to do that next week if the plaintiff's
    56        wish to have time to consider it.
    57
    58             I don't know, there was the US video sections that
    59        were relevant.  I can not remember which other Civil
    60        Evidence Act notice matters are still outstanding.  I don't

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