Day 166 - 28 Sep 95 - Page 10


     
     1
     2   MR. MORRIS:  I think it should be borne in mind that, as Helen
     3        said, we have had virtually all of the Plaintiffs'
     4        employment witnesses up to now, so I just think that has to
     5        be borne in mind that, well .....
     6
     7   MR. JUSTICE BELL:  Let us see how we go.
     8
     9   MR. MORRIS:  It does discourage me from bringing up helpful
    10        suggestions in the future because that was turned against
    11        me by Mr. Rampton.
    12
    13   MR. JUSTICE BELL:  No, it has not been turned against you; it is
    14        just a realistic solution to the problem,
    15
    16   MR. RAMPTON:  My Lord, can I ask two things:  First of all, I
    17        noticed that Mr. Duncan's statement mentions an article in
    18        the March 1995 issue of the Labour Notes Magazine.  Whether
    19        he wrote it or not, I do not know.  My question through
    20        your Lordship is whether that has been disclosed.
    21
    22   MR. MORRIS:  Yes.
    23
    24   MR. RAMPTON:  It has?  Then I would like to know where to find
    25        it -- perhaps Mrs. Brinley-Codd will help me with that --
    26        if it is to form part of his evidence.  Secondly, and much
    27        more important, if leave is to be sought to add
    28        substantially to the written evidence of any of the
    29        witnesses -- this applies equally to us as to the
    30        Defendants -- then I would ask that it be sought in plenty
    31        of time before the witness goes into the witness box,
    32        because else it may put me in the same difficulty in
    33        cross-examination as I face with Professor Crawford and
    34        Miss Hovi.
    35
    36   MR. JUSTICE BELL:  I am not -- there may be merit in that but I
    37        will just have to see how we go.
    38
    39   MS. STEEL:   As far as I remember, Mr. Rampton said he did not
    40        want to cross-examine Professor Crawford.  I do not
    41        understand why he just said what he has said.
    42
    43   MR. JUSTICE BELL:  Do not trouble about it.  I have given my
    44        direction in a way so that you can take it down.  You can
    45        ask my leave if you want to go significantly beyond the
    46        bounds of what is in the statement of one of your
    47        witnesses.  If you have a particular worry about a
    48        particular witness, what I suggest you do is try to raise
    49        it some time in advance and be entirely candid about where,
    50        for instance, if it is a New Zealand witness who you think 
    51        may deal with other matters, just ask for my assistance; am 
    52        I likely to give you leave on that or am I going to say, 
    53        no, you must give something in writing  -----
    54
    55   MR. MORRIS:  You see, the thing is we have a massive
    56        administrative task in calling our witnesses who, as Helen
    57        has said, most of them we have not met -- most of them I
    58        have only spoken with on the phone and Helen has not spoken
    59        to them at all -- and who we have not got the resources to
    60        meet before most likely the morning when they turn up here

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