Day 121 - 04 May 95 - Page 67
1 original cover. I would be surprised if it was. On that
2 page it says in the third paragraph: "If you have not
3 already completed chapter 2 HHS and QSC unit, go to that
4 unit now to learn crew scheduling".
5
6 Further on in this tab at bundle page 606 there is internal
7 page 15, but it is an activity as opposed to the
8 instructions about how to do the scheduling and it runs
9 from pages 15 to 21 (internal pages, that is); then it
10 jumps to pages 37 to 39. It appears that there is quite a
11 lot of that chapter that is missing, and given there is so
12 much dispute about crew scheduling it ought to be disclosed
13 as it is relevant.
14
15 MR. RAMPTON: My Lord, let the Defendants add that to their list
16 of applications for discovery. I have no doubt that parts
17 of this document that are not present in the bundle were
18 excluded for good reason that they were not ----
19
20 MR. JUSTICE BELL: Parts were ----
21
22 MR. RAMPTON: Excluded, which I am sure they were. I do not
23 know. I have never seen the original document so I cannot
24 tell your Lordship how long it might be, but it is quite
25 apparent that large chunks are missing. No doubt that is
26 because it was thought those parts were not relevant.
27
28 MR. JUSTICE BELL: You are on notice that there may be an
29 application in relation to it in due course.
30
31 MR. RAMPTON: Yes, and we will look at it again, like with any
32 applications which may be made.
33
34 MS. STEEL: My only concern about documents like this and
35 leaving this open for an application is that we will hit a
36 situation which we hit last year about nutrition documents
37 where we did not get the documents until the witnesses had
38 all left the witness box so we could not ask them about it.
39
40 MR. JUSTICE BELL: It is a two way thing, because I assume that
41 this incomplete, as you say, document has been in the
42 bundle for some very considerable time.
43
44 MR. RAMPTON: Yes, since before the beginning of the trial.
45
46 MS. STEEL: Yes, but we have not had time to read all the
47 documents. We have always stated that we have not had time
48 to read ----
49
50 MR. JUSTICE BELL: That is not the Plaintiffs' responsibility
51 that you have not read them.
52
53 MS. STEEL: No, but it is their responsibility to disclose all
54 relevant documents.
55
56 MR. JUSTICE BELL: I appreciate that, but it is equally your
57 responsibility to pick up anything which you think they
58 should have disclosed which they have not. I am not going
59 to deal with it now. If you picked it up before the trial
60 we would no doubt have dealt with it before the trial.
