Day 008 - 07 Jul 94 - Page 66


     
     1
         MR. RAMPTON:  We could have Mr. Stubb and Mr. Siddiq or we
     2        could finish Mr. Preston.  We also have to fit Mr. Oakley
              in at some stage.
     3
         MR. JUSTICE BELL:  We could move on to the environment/index.html">litter witnesses, is
     4        it Mr. Stubb?
 
     5   MR. RAMPTON:  No, Mr. Stump and Mr. Siddiq.
 
     6   MR. JUSTICE BELL:  Mr. Ashworth of the Tidy Britain Group.
 
     7   MR. RAMPTON:  The only date Professor Ashworth can do is
              Thursday 28th July, since we were not able to take him at
     8        the time.
 
     9   MR. JUSTICE BELL:  I have to say that I think it would be
              putting the defendants at a disadvantage if Mr. Mallinson
    10        is called at a time when Mr. Hopkins is not here.  We
              should try to avoid that unless it is totally unavoidable.
    11
         MR. RAMPTON:  Your Lordship probably realises for most of the
    12        time my experts will not be here when the defendants'
              experts are giving evidence.  I know that it is not quite
    13        the same thing.
 
    14   MR. JUSTICE BELL:  I do not think it is quite the same thing.
 
    15   MR. RAMPTON:  I accept that.
 
    16   MR. MORRIS:  Also we did point this out a week ago that
              Mr. Mallinson was due to be down for yesterday.
    17
         MR. JUSTICE BELL:  I am just trying to solve the problem at the
    18        moment.
 
    19   MR. MORRIS:  We informed our environment/index.html">litter person, Mr. McIntyre
              I believe his name is, that Monday would be a good time
    20        for him.  It seems we could keep to that.
 
    21   MR. JUSTICE BELL:  There appears to be a direct conflict of
              factual evidence there, does there not?
    22
         MR. RAMPTON:  Yes, there is-- not a terribly interesting one.
    23
         MR. JUSTICE BELL:  It might be more interesting if they were
    24        heard together.
 
    25   MR. RAMPTON:  We are being as flexible as we possibly can, but
              there is a limit to the extent to which we should be 
    26        expected to discommode our witnesses just so the 
              defendants' witnesses, witnesses of fact, can be there to 
    27        listen to the evidence.  I would say frankly if Mr. Stubb
              and Mr. Siddiq gave evidence at a time which is not
    28        convenient to Mr. McIntyre, that is just too bad.
 
    29   MR. JUSTICE BELL:  I personally do not have a problem about
              that because it is factual evidence, one can remind
    30        one-self of it, compare it with the further factual
              evidence when it comes.  My concern at the moment is

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