Day 198 - 08 Dec 95 - Page 39


     
     1   MR. MORRIS:  I may have made a mistake on that.  I think our
     2        intention is not to call Mr. Townsend.
     3
     4   MR. RAMPTON:  I can put a cross against him.  Mr. Donehey and
     5        Mr. Blick have all got question marks on them, but they are
     6        all, I think, from different places.  Of course, when we
     7        originally got this list of witnesses, we prepared such
     8        evidence as we were able to do on the basis of what was
     9        said in the witness statements of the Defendants'
    10        witnesses.  I have not, of course, called those witnesses.
    11        What I really do need to know is whether these witnesses
    12        are actually going to be called, because, if they are, then
    13        I will need to call evidence which I have not done.  I have
    14        only called evidence to meet allegations made by the
    15        Defendants' witnesses when I have known that the
    16        Defendants' witnesses are going to give evidence.
    17
    18   MR. JUSTICE BELL:  That has come to be the procedure.
    19
    20   MR. RAMPTON:  Yes, my Lord, but the reason is this, there is no
    21        point -----
    22
    23   MR. JUSTICE BELL:  I understand that.  It is very sensible.
    24
    25   MR. RAMPTON:  I am grateful to your Lordship.  What it does mean
    26        is that there comes a time when it is no good Mr. Morris
    27        saying:  "Well, I think I may" or "I am not sure whether I
    28        will" because I have to organise people to come to court.
    29        I am only going to do that when I am told for certain.
    30
    31        My Lord, one of the things I was going to suggest that we
    32        dealt with next Friday was that Mr. Morris should actually
    33        say who he is calling and when he proposes to call them.
    34        The reason I emphasise the "when" is because I also have to
    35        schedule people for next term, or Mrs. Brinley-Codd does,
    36        I should say.  It is she who does the work.
    37
    38        Unless I know which of the Defendants' witnesses are coming
    39        to court and when they are coming (and that applies to the
    40        two Harrisons and to Mr. Shafibeik as well) we cannot
    41        sensibly schedule our witnesses for next term.  That is
    42        something we have to do, because they are all working
    43        people and they need to make holes in their diaries so that
    44        they can come to court.
    45
    46        I would invite your Lordship to encourage the Defendants
    47        very strongly to have something a little bit more concrete
    48        than these vague indications that your Lordship has been
    49        given today, and have something very much more concrete
    50        when we meet again next Friday. 
    51 
    52   MR. JUSTICE BELL:  What I would like you to do -- we are going 
    53        to have an early day today; you have got next Wednesday and
    54        Thursday when I cannot sit on this case anyway -- I would
    55        like you to do your very best to have a discussion and tell
    56        me of it a week today, which is our last day this term.
    57        What I would like you to do, you can think back over the
    58        evidence you have been able to call with regard to stores
    59        which have come prominently into the picture, or the
    60        evidence you anticipate being able to call about such

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