Day 036 - 13 Oct 94 - Page 59


     
     1
     2   MR. MORRIS:  There is another piece of news is that Sally
     3        Bunday wishes to withdraw for personal reasons from giving
     4        evidence for domestic circumstances, and in the same way
     5        because we feel her evidence will be adequately covered by
     6        Dr. Millstone.
     7
     8   MR. JUSTICE BELL:  The reason I suggested that you might defer
     9        her until after Dr. Millstone is that -- obviously I
    10        cannot make the decision for you -- having read her
    11        statement, I found it difficult to see how she could in
    12        any way add to what Dr. Millstone would say.  It seemed to
    13        me there might have been considerable difficulties, first
    14        of all, as to admissibility of some of her evidence and
    15        then the weight which might be attached to it.
    16
    17   MR. MORRIS:  I asked Dr. Millstone if he could deal with any
    18        questions of anecdotal evidence which she may have been
    19        able to deal with, if that was an issue, and he said that
    20        he could.  So, I think in that event -----
    21
    22   MR. JUSTICE BELL:  All I will say -- the decision is a matter
    23        for you -- it seems to me you are not weakening your case
    24        in any way by not calling her, whatever the reason is.
    25        But what does that mean then?
    26
    27   MR. MORRIS:  She is removed from the scene.
    28
    29   MR. JUSTICE BELL:  There was a possibility of finishing or
    30        bringing Professor Crawford back on the Tuesday.  Is there
    31        any possibility of him being ----
    32
    33   MR. MORRIS:  Mr. Ashworth is removed, is he not, at the
    34        moment?
    35
    36   MR. JUSTICE BELL:  Yes.
    37
    38   MR. MORRIS:  Crawford was going to be there.
    39
    40   MR. JUSTICE BELL:  I put "Query Professor Crawford finish 3.45"
    41        because he had a meeting or lecture or a presentation.
    42        Was there any possibility that Professor Crawford could
    43        come on Monday?  Would you be ready for him then,
    44        Mr. Rampton?
    45
    46   MR. RAMPTON:  Yes, I think I probably could; I mean, I am sure
    47        I could.
    48
    49   MR. JUSTICE BELL:  I think you had better take some
    50        instructions from the back of the court.  I can ask, can I 
    51        not?  Would you be available to come tomorrow morning to 
    52        give evidence, Mr. Cox? 
    53
    54   MR. COX:  Yes.
    55
    56   MR. JUSTICE BELL:  I would be grateful if you would then
    57        please; talk to Mr. Morris and Ms. Steel when we rise in a
    58        minute or two.
    59
    60   MR. RAMPTON:  I wonder if your Lordship would ask Mr. Cox

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