Day 002 - 30 Jun 94 - Page 58


     
     1        is true of my nutritional witnesses.  I have to see if
              I can get Professor Wheelock, Professor Keen, Professor
     2        Arnott and so on into court during the last two weeks or
              the last week of the trial.
     3
         MR. JUSTICE BELL:  I have to take it in two stages.  I am not
     4        prepared to say more than I would like the defendants to
              indicate whom they intend to call on those topics and give
     5        the indication at about the time I have said.  I would
              also like them to indicate absolutely as soon possible
     6        whether you intend to call them after the plaintiffs'
              witnesses on that section.  We have rather been working on
     7        the basis that you will do that because it will be
              convenient to you as well as to everyone else.  I said
     8        that I could not force you or make an order and I have no
              intention of doing that.  It is just a much more
     9        convenient way of doing it.
 
    10   MR. MORRIS:  There is one point on that.  Mr. Hopkins, you he
              remember came up yesterday, he could not make the week of
    11        11th when it has been set down for our packaging
              witnesses.  He can come on the 6th or the 8th.
    12
         MR. JUSTICE BELL:  I would like you to indicate whom you intend
    13        to call as presently advised.  I have said when I would
              like you to give that indication.  I would also like you
    14        to indicate at the time you give the name or names of the
              people you intend to call, when you would like to call
    15        them.
 
    16   MR. RAMPTON:  My Lord, that last piece of information is
              essential.  It is, of course, essential for all
    17        witnesses.  I would invite the defendants to afford us the
              same courtesy as we have afforded them, that is to say by
    18        giving a diary of the intended dates when they mean to
              call their witnesses.
    19
         MR. JUSTICE BELL:  I see no reason at the moment to think that
    20        the defendants will not do their best to co-operate.
              I have to accept that they may not have the same command
    21        and control over just when their witnesses come.  So at
              the moment I am relying on you just doing your best so far
    22        as that is concerned.
 
    23   MISS STEEL:  We will given an indication now that we are
              intending to call Mr. Lipsett and Mr. Barnard and
    24        Mr. Gardiner.
 
    25   MR. RAMPTON:  What I really need, my Lord, is a date.
  
    26   MISS STEEL:  I honestly do not think we can give a specific 
              date.  We have this timetable and, as everyone has 
    27        recognised, it is not fixed anyway.  We will be calling
              them in the week when they are scheduled to be called.
    28
         MR. JUSTICE BELL:  I would like you to do your best because
    29        this matter has sprung up and when you think about it you
              may find it is not quite as difficult as you believe.
    30        I would like you to give a little thought about when you
              would like or propose to call them with this sheet of

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