Day 118 - 01 May 95 - Page 82


     
     1        Jarretts anyway I do not have moment's doubt that someone
     2        would have popped out of hat and into this courtroom.
     3
     4   MR. RAMPTON:  I am certainly not going to say a word about the
     5        reasons which I may or may not know why Mr. Bennett was
     6        called to deal with what was in Ms. Hovi's original
     7        statement.  What I do know now is somebody from Jarretts
     8        will come to court to deal with what she said in the
     9        witness box, of which I had not had notice.  It is that
    10        statement which I am concerned about.   As I said I will
    11        try to get it here by 2nd June.  Obviously I try to do it
    12        earlier if I possibly can, but, to an extent, it is not
    13        within our within our control.
    14
    15   MR. JUSTICE BELL:  If it is not within your control I think
    16        there is something smelly about it.  I have to speak out.
    17
    18   MR. RAMPTON:  It is difficult to see why it should be smelly.
    19
    20   MR. JUSTICE BELL:  When did Ms. Hovi leave the witness box?
    21
    22   MR. RAMPTON:  Mrs. Brinley-Codd's sheet will tell us that.  31st
    23        March she left the witness box.  I can tell your Lordship
    24        that Mrs. Brinley-Codd and Mr. Atkinson went down to
    25        Jarretts I think in the week following that, the week
    26        before Easter.  It was a week when we had finished court
    27        and matters have proceeded since then.  I am told that we
    28        should have the statement we required, together with the
    29        approved plan by the 2nd June.  At all events your Lordship
    30        still has to decide, and it is not something that has been
    31        canvassed in argument, whether Ms. Hovi should come back
    32        before the Jarrett person comes or whether it should be
    33        other way around.  I do not have a view about that.
    34
    35   MR. JUSTICE BELL:  That is just one of a number of reasons why
    36        I am anxious to see what evidence you want to produce.
    37
    38   MR. RAMPTON:  I will tell your Lordship candidly that the
    39        witness will depose, and I use that word in a guarded sense
    40        in that statement will say, that virtually everything that
    41        Ms. Hovi came up, with brought out of her hat, was wrong.
    42        In point of sterilization points, temperatures, everything,
    43        and it will be very detailed by reference to daily
    44        practices and positions of people and pieces of equipment.
    45        Which is why it is going to take Mrs. Brinley-Codd some
    46        considerable time to do it, because she is going to have to
    47        go through Mrs. Hovi's transcript line by line, taking it
    48        apart in effect.
    49
    50   MR. MORRIS:  I do not understand this because Ms. Hovi made a 
    51        statement.  She said about the sterilization being 
    52        inadequate, and if the Plaintiffs are going to be able to 
    53        call rebuttal evidence on any detail raised by any of our
    54        witnesses, that is not specifically mentioned in a
    55        statement although the general point was, then they are
    56        going to be calling hundreds of rebuttal witnesses.
    57
    58   MR. JUSTICE BELL:  I have not decided whether they have leave to
    59        call a rebuttal witness or witnesses yet.  I will say quite
    60        plainly that at the moment I am inclined to think they

Prev Next Index