Day 187 - 13 Nov 95 - Page 43


     
     1
     2   MR. JUSTICE BELL:  I have put "Brett query" and "Cranner query".
     3
     4   MR. MORRIS:  I am quite prepared to dislodge that.
     5
     6   MR. JUSTICE BELL:   I hope you will not have to, I hasten to
     7        add, but we cannot rely on having those days free.
     8
     9   MR. MORRIS:  I understand that.  But I thought it prudent at
    10        least to fix some provisionally, partly because the
    11        Plaintiffs are continuously harassing me to get our
    12        witnesses scheduled.  Mr. Duncan, we are considering.  We
    13        are also considering whether we need to call Mr. Cantor and
    14        Mr. Bowland; and they are certainly going to be called this
    15        week at 24 hours' notice to come from halfway round the
    16        world -- which leaves Mr. Shafibek and the Harrisons.
    17        Mr. Shafibek cannot make any time until January, because he
    18        is in the middle of a Masters Degree or something, and,
    19        unless ordered to do so, I cannot schedule him against his
    20        availability.  The Harrisons I was hoping to call in those
    21        spaces at the end of term.  As I say, I am waiting for an
    22        indication on which days you would prefer us to call our
    23        Colchester witnesses.  I was trying to get all the
    24        Colchester witnesses that are outstanding all in one block,
    25        as I have been asked to do.
    26
    27        So, really, I cannot see what Mr. Rampton is making so much
    28        fuss about, over nothing, except that he is trying to throw
    29        some kind of aspersions about our witness Miss Tobin.  But
    30        he is quite capable, in any event, in asking: "Is your film
    31        an accurate portrayal of what you have seen", and she will
    32        give evidence one way or the other.  So I do not think
    33        there is any problem there, in terms of credit or
    34        whatever.  If Mr. Rampton gets copies of the transcripts
    35        and it is absolutely dynamite, he can destroy our whole
    36        case with it, then presumably he can ask for Anne Tobin to
    37        be recalled -- which I think is extremely unlikely.  But we
    38        are prepared to accede if you make an order that she not be
    39        released until the Plaintiffs have been given a few extra
    40        weeks on top of the eight weeks they have already had.
    41        I cannot really see any problem with it at all, in fact.
    42
    43   MR. JUSTICE BELL:  Remind me what the full name of the film was
    44        again -- One Every Mile?
    45
    46   MR. MORRIS:  One Every Mile.
    47
    48   MR. JUSTICE BELL:  That was the whole title?
    49
    50   MR. MORRIS:  Yes.  It is true that we have no contact with 
    51        Jane Gabriel any longer.  I was asked by her not to contact 
    52        her.  I did fax through a request that Patty Brindley-Codd 
    53        asked me to send to her, and her reply to me was: "I have
    54        told you I do not want any contact."  I am not going to do
    55        that again.
    56
    57   MR. JUSTICE BELL:  Yes.  Thank you.
    58
    59                  (See separate transcript for ruling)
    60

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