Day 079 - 27 Jan 95 - Page 76


     
     1        not accept that.
     2
     3   MR. JUSTICE BELL:  That is all argument for the future.
     4
     5   MR. RAMPTON:  I know but, my Lord, for that purpose it is
     6        necessary for the Defendants to establish the factual basis
     7        for the defence of fair comment.  Perhaps they have not
     8        understood that.
     9
    10   MR. JUSTICE BELL:  Yes, thank you very much, but we are then
    11        back to appreciating that the point of cross-examination on
    12        Monday should be to bring out the facts upon which you will
    13        mount a claim of suffering of animals.
    14
    15   MS. STEEL:   To be honest, that is what I was asking about and
    16        I do not understand why -- I do not know.
    17
    18   MR. JUSTICE BELL:  Let us see how we go on Monday.  It is the
    19        third time I have said it.  Do spend a little time over the
    20        weekend looking through your notes of cross-examination.
    21        I have been watching you and I know you have prepared your
    22        cross-examinations in some detail.  Go through your list of
    23        questions or categories of questions and see what is fair
    24        game and what is not.
    25
    26   MR. RAMPTON:  There are one or two other things, I am afraid.
    27        I mentioned in passing the question of Dr. Dealer.  I would
    28        invite your Lordship to give some kind of indication of
    29        when you expect the Defendants to be ready to deal with
    30        that question.  They should, despite the delay of the shunt
    31        backwards of the witness, still have some time at the end
    32        of next week.  I am entirely in your Lordship's hands.
    33
    34   MR. JUSTICE BELL:  I would like to deal with that late next
    35        week, if possible.
    36
    37   MS. STEEL:  We may have problems getting legal advice before
    38        then.  We will try, obviously.
    39
    40   MR. JUSTICE BELL:  Please try because if it is possible to I
    41        would like to deal with it then.  The alternative would be
    42        to deal with it after Mr. Wignall in the following week,
    43        but if you can possibly deal with it at the end of next
    44        week, I would like to.
    45
    46   MS. STEEL:  We will try to get legal advice.
    47
    48   MR. RAMPTON:  My Lord, then next we did hand over, if your
    49        Lordship remembers, at your Lordship's urging if not
    50        bidding, some originals documents yesterday to go with the 
    51        ones which were disclosed.  We would like them back, 
    52        please, since it appears that we were right in thinking 
    53        they had no significance.
    54
    55   MS. STEEL:  No, you are not right yet.  We have not had a chance
    56        to have a look at them.
    57
    58   MR. JUSTICE BELL:  Do you want them for the weekend?
    59
    60   MS. STEEL:  We have one set of photocopies.

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