Day 152 - 11 Jul 95 - Page 80
1 that situation could not occur.
2
3 MR. MORRIS: Might that be a good time to break?
4
5 MR. JUSTICE BELL: Yes.
6
7 MR. JUSTICE BELL: Mr. Davis, subject to anything you hear said
8 before we adjourn, I would like you to come back in plenty
9 of time to resume at 10.30. Do not talk to anyone about
10 the contents of your evidence, please.
11
12 THE WITNESS: OK, sir.
13
14 (The witness withdrew).
15
16 MR. RAMPTON: My Lord, I am getting a bit worried about the
17 schedule. I heard a rumour, I do not know how true it is,
18 that your Lordship or the Defendants wanted your Lordship
19 to do further interlocutory work on Tuesday 18th, a week
20 today. I am not objecting to it at all, but it makes
21 scheduling difficulties for us. We have to try to find, we
22 believe, witnesses for Friday and Monday, a witness, and it
23 would help to know two things: First, whether that date,
24 Tuesday 18th, is a fixture for interlocutories, and second,
25 if we brought Mr. Fairgrieve back whether the Defendants
26 thought they could finish him in a day, because if not
27 I would not bring him; I would put somebody else in.
28
29 MR. JUSTICE BELL: I think we should work forward from where we
30 are at the moment and see where we get to. The suggestion,
31 as Mr. Atkinson or Mrs. Brinley-Codd may well have told
32 you, was that Mr. Morris had it in mind that I had said we
33 were going to come back to any interlocutory matters,
34 including the question of amendment of the plea of
35 justification, on Monday of next week. My recollection is
36 that I said I thought we ought to deal with it sometime
37 early next week. He was asking could we deal with it on
38 Tuesday rather than Monday to give more time for
39 preparation and I saw no objection to that, but I also said
40 something to the effect that we would have to see how we
41 got along in the remainder of this week.
42
43 MR. RAMPTON: It is just a question of who I have available.
44
45 MR. JUSTICE BELL: Let us work forward. How long should we
46 allow for cross-examination of Mr. Davis so that we can get
47 some idea of how best to use our time up to Tuesday, 25th
48 July?
49
50 MR. MORRIS: It is very difficult to tell. Obviously the whole
51 Colchester situation is quite important.
52
53 MR. JUSTICE BELL: I appreciate that, but unless we have some
54 idea we cannot make any plan at all. So just do your best
55 to put a time estimate on it.
56
57 MR. MORRIS: It is certainly going to go on until Thursday.
58 I do not know whether it is certain we will go over to
59 Friday. I would like to say that I am very unhappy about
60 Mr. Fairgrieve being scheduled in the middle of cramped in
