Day 066 - 14 Dec 94 - Page 79


     
     1   MR. JUSTICE BELL:  But if they cannot be sworn in fact so that
     2        you receive them on the Tuesday, I think you should receive
     3        the drafts on Tuesday, because at least you will be able to
     4        have a look at them overnight on Tuesday and you can be
     5        told on Wednesday, "Look, here is the final draft, it has
     6        been altered in these respects", if it has been in fact
     7        modified at all.
     8
     9   MR. MORRIS:  In the light of the present witness's evidence,
    10        even though of course we will have the opportunity of
    11        questioning Mr. Cesca about the affidavit, I would have
    12        thought it would be helpful if we had a draft of
    13        Mr. Cesca's affidavit before the end of this week in case
    14        there is anything we can ask Dr. Gonzales about, as he has
    15        directly visited a number of relevant places.
    16
    17   MR. RAMPTON:  That is the point, my Lord, which
    18        Mrs. Brinley-Codd has put in front of me.  Dr. Gomez
    19        Gonzales' evidence goes back only as far as the latter part
    20        of 1991.  The dates which are relevant and those which are
    21        pleaded lie not within his knowledge but within the
    22        knowledge of those who were in Costa Rica (Guatemala) at
    23        the relevant times, which are the earlier years as to which
    24        Mr. Cesca will have evidence to give, but not Dr. Gomez
    25        Gonzales.
    26
    27   MR. JUSTICE BELL:  Mr. Morris, it seems to me that there might
    28        be some merit in your point, but since there is the
    29        distinction of dates I will stick to what I have just
    30        said.  If you cannot have them sworn by the time you leave
    31        court on Tuesday afternoon or if for any reason we had an
    32        early day they cannot be got to your homes by messenger by,
    33        say, 6 o'clock that evening in sworn form, you should be
    34        given them in draft by those times and be told first thing
    35        on Wednesday what, if any, alterations there are in the
    36        sworn affidavit.
    37
    38   MR. RAMPTON:  We will do that, my Lord, certainly.  There are
    39        two things I have mentioned.  Again, my recollection of
    40        these matters is every bit as tenuous as your Lordship's.
    41        I think I remember your Lordship directing that the
    42        Defendants should state by Friday if they are going to
    43        produce an expert on paper making and its effects and, if
    44        so, who it is to be, a statement as to the effect of what
    45        that person is going to say and, preferably, a written
    46        report.  I say that now for the same reason Mr. Morris
    47        mentioned the other matter, because it is today Wednesday
    48        and it is not yet Friday.  Also I mention again the report
    49        from Mr. North, the health inspector, which we still have
    50        not had. 
    51 
    52   MR. JUSTICE BELL:  How are you getting on on the paper making 
    53        front?
    54
    55   MR. MORRIS:  I spoke to someone from the Women's Environmental
    56        Network and she said she would tell me by the end of this
    57        week yes or no.  Mr. Rampton, I believe, has just extended
    58        what we were asked to do by expecting a report which will
    59        not be appearing before Friday.  Our understanding is that
    60        she would be, if she is able to do it, a replacement for

Prev Next Index