Day 132 - 07 Jun 95 - Page 55


     
     1   MR. JUSTICE BELL:  What I am going to say is what I said just a
     2        moment ago.  By preference I have urged Mr. Rampton to have
     3        Mr. Brown and Mr. Jardina for Thursday and Friday.  I rely
     4        upon him to achieve that if it can reasonably be achieved.
     5        However, if that cannot reasonably be achieved, you must be
     6        prepared to be informed that Mr. Fairgrieve will be the
     7        witness who is called.  You must then be able to
     8        cross-examine him.
     9
    10   MS. STEEL:   Yes.
    11
    12   MR. JUSTICE BELL:  Bear in mind that I am only entering into
    13        this discussion to try to help the case go forward in the
    14        way in which I originally suggested would be most
    15        convenient to everyone, that is that we try to deal with
    16        blocks of witnesses on both sides.  As time has gone on it
    17        has not been possible to do that and a witness who has not
    18        completed their evidence in respect of whom a relevant
    19        document has been discovered has gone away and had to be
    20        recalled.  A judge would not normally involve himself in
    21        considerations of which witnesses are to be called when and
    22        next.  I have only allowed myself to do that with a view to
    23        helping the trial proceed.  If co-operation falls down, and
    24        if there cannot be agreement, the bottom line always is
    25        that we just go back to what is the normal procedure and
    26        Mr. Rampton calls his witnesses one after another on
    27        whatever topic until he has called them all.  If we come
    28        back to that I will obviously listen to you if you say,
    29        "Can we have a break now for the following witnesses?"
    30        That is ultimately what happens if co-operation breaks
    31        down.  When he has finished calling all his witnesses you
    32        must call your witnesses one after the other, end to end,
    33        until you have called those who are available, subject
    34        again to you saying: "Well, we would like a little break
    35        now for this reason or that."
    36
    37        I do not propose to say any more.  I will ask everyone to
    38        remember that that is what we will have to resort to if we
    39        cannot reach agreement as to who is called next and when.
    40
    41   MS. STEEL:  We are trying to be co-operative.
    42
    43   MR. JUSTICE BELL:  I am not asking you to reassure me about
    44        that.  It seems to me perfectly reasonable, since
    45        Mr. Fairgrieve has been in the witness box twice already
    46        and you were presumably ready to go on and cross-examine on
    47        those two occasions, that he be called next week if
    48        Mr. Brown or Mr. Jardina cannot conveniently be called in
    49        his stead.
    50 
    51   MS. STEEL:  Yes.  Obviously the fact that we were ready with at 
    52        least a considerable proportion of the cross-examination 
    53        ready, we still have to read things again and also there is
    54        still the possibility that Mr. Fairgrieve may take more
    55        than the two days we have available and run into
    56        Mr. Stein's time.
    57
    58   MR. JUSTICE BELL:  We will deal with that problem if it arises.
    59        You have to be prepared to continue your cross-examination
    60        of Mr. Fairgrieve if he is in the witness and you have to

Prev Next Index