Day 135 - 15 Jun 95 - Page 22


     
     1
     2        My Lord, in those circumstances, we should have notice of
     3        what those allegations are going to be because, of course,
     4        there is no mention of any such people or any such
     5        allegations in Mr. Sutcliffe's written statement.
     6
     7        There is no tearing hurry about it because the probability
     8        is that Mr. Sutcliffe will not be giving evidence until
     9        sometime in the autumn.  The other thing I would like to
    10        mention is this.  I apologise for laughing earlier, but
    11        Mrs. Brinley-Codd tells me that her mice ate the bag in
    12        which the mouse traps were kept which is why I was
    13        laughing.
    14
    15   MR. JUSTICE BELL:  There we are.
    16
    17   MR. MORRIS:  If Mr. Rampton thinks it is funny that mice should
    18        be in a food store for two weeks without action being taken
    19         ......
    20
    21   MR. JUSTICE BELL:  We will wait to see how serious it is when we
    22        have heard all the evidence.
    23
    24        In relation to what Mr. Rampton has said, it is inevitable
    25        in any litigation that there will be a bit of slippage to
    26        this extent, but when someone is called they will mention
    27        something which no-one has had notice of at all.  If and
    28        when you do actually see a potential witness before that
    29        witness is called (and today is a good example, since
    30        Mr. Sutcliffe is here), if it becomes apparent to you that
    31        the witness, for instance, Mr. Sutcliffe, can give
    32        additional evidence to what appears in his statement which
    33        you consider to be relevant and, therefore, you would wish
    34        to ask him about, make a note of it.
    35
    36        If Mr. Sutcliffe or any other witness gives you some
    37        further detail, whether it is by identifying someone by
    38        name, or closer description, or giving some extra colour to
    39        an incident which is already spoken to in a statement which
    40        would enable someone, perhaps, to remember that which they
    41        might not remember just from the limited detail in a
    42        statement, make a note of that and give Barlows notice of
    43        it.
    44
    45        I would guess that all Barlows need is Mr. Peter Sutcliffe
    46        and then a summary of what you have been told.  There are
    47        two reasons for that.  First of all, you should do it
    48        anyway in accordance with the directions which were given
    49        so long ago about disclosure of evidence; but the second
    50        reason is this, if you do not do it and then the evidence 
    51        comes out anyway, McDonald's may be put to asking to call 
    52        someone to deal with it and that will slow the proceedings 
    53        down even further and take up more time.
    54
    55   MR. MORRIS:  Can I just say, one point is, of course, all
    56        McDonald's witnesses, including the last one today, have
    57        brought in new information not in their statement,
    58        including this one today about conditions at Romford.
    59        Secondly, McDonald's or Barlow Lyde and Gilbert wrote to us
    60        a letter in which they claimed -- I wish I had the direct

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