Day 060 - 02 Dec 94 - Page 75


     
     1   MS. STEEL:   Can we ask about the documents that have been
     2        referred to today that are, apparently, in the supplier
     3        records?  If we could possibly have them by Monday, it
     4        would be very helpful.
     5
     6   MR. RAMPTON:  No, my Lord.  Ms. Steel, as ever, has allowed her
     7        enthusiasm to run away with her.  What we will do is, if we
     8        may, to ask Mr. Oakley to provide us with the file.
     9        I suspect there are already three documents in the
    10        disclosed files already.  What I will do (or
    11        Mrs. Brinley-Codd will do) is have a look at it.  If there
    12        are any relevant documents in it, then they will be
    13        disclosed as soon as possible, preferably before Mr. Oakley
    14        comes back on Monday.  I will do my utmost.  If there are
    15        no relevant documents, and the only ones are in the files,
    16        why then there will be nothing to show Ms. Steel or
    17        Mr. Morris.  It may entail that we have to speak to Mr.
    18        Oakley about that.
    19
    20   MR. JUSTICE BELL:  I think you should be able to speak to
    21        Mr. Oakley about what the sources may be ----
    22
    23   MR. RAMPTON:  I do not know what the file is.
    24
    25   MR. JUSTICE BELL:  -- which may be relevant.
    26
    27   MR. RAMPTON:  There may be some other file we do not know about.
    28
    29   MR. JUSTICE BELL:  You will have to wait and see what comes in
    30        due course about that.  If Mr. Oakley has left the witness
    31        box before anything is discovered, we will have to actually
    32        look at what is discovered.  It does not mean, because a
    33        document has been found which Mr. Oakley may be able to
    34        shed further light on, that he has to be recalled by either
    35        side.  The documentation may speak for itself.  To give you
    36        an example.  If it became quite clear that in 1991 the
    37        quantity, the proportion of recycled paper in take-away
    38        bags was up to 80 per cent but not one hundred, and that
    39        was an agreed fact, I would be very resistant to calling
    40        back Mr. Oakley to put that to him because the important
    41        thing is to know what the figure was.  On the other hand,
    42        something may come out which you ought fairly be able to
    43        put to Mr. Oakley or which Mr. Rampton wants to put to
    44        Mr. Oakley.  We will just have to see.
    45
    46        What I would like to know is, first of all, Mr. Oakley can
    47        return on Monday.
    48
    49   MR. RAMPTON:  He can come back on Monday, yes; not on Tuesday,
    50        and anyway we have now fixed Mr. Van Erp for Tuesday. 
    51 
    52   MR. JUSTICE BELL:  Yes.  I was going to ask, "what next?"  Can 
    53        you finish Mr. Oakley on Monday?  I think you ought to be
    54        able to.  I appreciate that apart from the matters in his
    55        statement you may very well want to ask him something about
    56        the animals he started off with.
    57
    58   MS. STEEL:  To be honest, obviously, we are going to try and
    59        finish on Monday, but I would not want to guarantee it.  We
    60        still have animals and nutrition to go through.  We have

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