Day 165 - 27 Sep 95 - Page 49


     
     1   MR. RAMPTON:  My Lord, we will make this enquiry.
     2
     3   MS. STEEL:   I do not know, but the distinct impression I get is
     4        whatever we want Mr. Rampton tries to fix it to make life
     5        as difficult for us as possible.  We have tried to be
     6        helpful with the Canadians witnesses.  A minute ago he said
     7        he did not want the witness to start in the middle of the
     8        week.  As soon as we said if he had to come before
     9        Christmas we were in favour of the 11th, it was suddenly,
    10        "Oh, now I will investigate if he can come in the middle
    11        of the week".  I do think Plaintiffs should be equally
    12        considerate and helpful as we are.
    13
    14   MR. JUSTICE BELL:  No.  I have asked for the enquiry to be made
    15        about Wednesday 6th, Thursday 7th, Friday 8th or Monday
    16        11th.  If he is fixed to start on any of those days and
    17        because of the way the case runs you think you are not
    18        going to have sufficient preparation time, it may be, I am
    19        not prepared to decide now, that we will have to abandon or
    20        postpone one or two of the witnesses who were going to come
    21        before so you have more preparation time.  The two matters
    22        of principle really are these, that I think he should be
    23        given a start date which we stick to and, secondly, it
    24        should be a start date if at all possible on one of those
    25        four days.
    26
    27   MR. RAMPTON:  My Lord, we are grateful to your Lordship.
    28
    29   MS. STEEL:  Could preference be given to the 11th if at all
    30        possible and the Plaintiffs actually state to Mr. Cesca
    31        that that is the desirable date if it is at all possible?
    32
    33   MR. JUSTICE BELL:  Let me just make a note.  The note I have put
    34        into my book is that Mr. Cesca should be given a fixed
    35        start date.  It should by strong preference be Monday, 11th
    36        December but alternatively Wednesday 6th, Thursday 7th or
    37        Friday 8th if he can attend on any of those days.
    38
    39   MR. RAMPTON:  My Lord, we will see how he is fixed.
    40
    41   MR. JUSTICE BELL:  Mr. Rampton, this is not a shot at you in any
    42        sense, but if he cannot attend on Monday, 11th December
    43        I will ask you why.
    44
    45   MR. RAMPTON:  My Lord, I should say this ----
    46
    47   MR. JUSTICE BELL:  You may have a ready explanation of why, but
    48        it has been said time and time again that this is an
    49        important case for your clients.  I know he holds an
    50        important position in the Corporation, but you will have to 
    51        balance what his priorities are. 
    52 
    53   MR. RAMPTON:  If that is your Lordship's preference it will be
    54        made perfectly clear.  I say no more than that.  What I do
    55        distinguish between is the convenience of witnesses on the
    56        one hand and what I regard as something other on the part
    57        of the Defendants, but I say no more than that.
    58
    59   MR. JUSTICE BELL:  What I am trying to avoid, if one possibly
    60        can, is just putting you on the one hand to call all the

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