Day 132 - 07 Jun 95 - Page 54


     
     1
     2        Remembering Mr. Fairgrieve's evidence-in-chief and the
     3        extra questioning we had the other day, I do not think
     4        there is too much to master there and there does not seem
     5        to be too much to master with Mr. Jardina and Mr. Brown.
     6
     7   MS. STEEL:   Mr. Fairgrieve was originally scheduled for three
     8        days and he is not employment as well.  We would prefer,
     9        because there is a lot of documentation and things
    10        surrounding him, to have Mr. Brown and Mr. Jardina if that
    11        is course the court wants to take.
    12
    13   MR. JUSTICE BELL:  The other thing is bear in mind what I said
    14        before the holiday break about a division up of your
    15        resources, so that although you are separate parties and
    16        I do not forget that, a bit of thought as to how you can
    17        divide your labour and, therefore, the preparation for
    18        cross-examination will probably be well invested.  What
    19        I would urge Mr. Rampton to do is to have available to be
    20        called on Thursday and Friday next by preference Mr. Brown
    21        and Mr. Jardina and otherwise Mr. Fairgrieve.
    22
    23   MR. RAMPTON:  My Lord, I will do my very best to comply with
    24        that indication.  However, I do have to say two things.
    25        One I have already said which this is not the first time
    26        that Mr. Fairgrieve was due to be recalled or might have
    27        been recalled.  I must assume as a matter of ordinary
    28        fairness that the Defendants were ready to cross-examine
    29        him when he was last due to come back.  It is quite evident
    30        now, of course, that they are not.  The other thing is
    31        this.  I will tell your Lordship this because of course it
    32        is important.  The reason why I think it is important is
    33        because I think Ms. Steel has tried to pull the wool over
    34        your Lordship's eyes.  True it is that the Defendants
    35        divide up their labour.  It is quite apparent that
    36        Mr. Morris, quite properly, decided or Ms. Steel agreed
    37        that he should take on the burden of the cross-examination
    38        of Mr. Purslow.  I think Mr. Steel asked about three
    39        questions at the end.  We have just had a 10-day holiday.
    40        I do not know what Mr. Morris was doing on Monday, but I do
    41        know that Ms. Steel was not preparing for
    42        cross-examination, for example, of Mr. Stein or Mrs. Meade
    43        because she was present at an anti-McDonald's demonstration
    44        in Denmark Hill.  I have no objection to her taking part in
    45        anti-McDonald's demonstrations for as long as she likes,
    46        unless enjoined by the court to cease doing so.  What I do
    47        object to is she should use her time in that way so as to
    48        prevent herself from preparing for cross-examination, let
    49        us say, of Mr. Fairgrieve or anybody else who may come to
    50        court as a witness. 
    51 
    52   MS. STEEL:  Mr. Rampton as usual is making ridiculous comments. 
    53        I worked all of the rest of the break that we have had
    54        including the Sundays on this case.  I think you stated on
    55        previous occasions that we obviously cannot be expected to
    56        work 24 hours a day seven days a week; it is just not
    57        possible.  The Plaintiffs have asked for days off in order
    58        that they can go and interview witnesses.  That has been
    59        granted; that is fair enough.
    60

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