Day 165 - 27 Sep 95 - Page 46


     
     1   MR. RAMPTON:  Mr. Bowland and Mr. Duncan come from Australia and
     2        New Zealand respectively.  Their statements are short and
     3        relatively uncontroversial.  They canvass a very small area
     4        of ground.  I doubt I shall cross-examine either of them
     5        for more about five or 10 minutes, if at all.  I cannot
     6        conceive that evidence of either of them could not be
     7        easily completed within half a day.
     8
     9   MR. JUSTICE BELL:  What is your time estimate for Mr. Cesca?
    10        How long do you expect him to be in-chief, Mr. Rampton?
    11
    12   MR. RAMPTON:  I should think about a day, my Lord, perhaps a
    13        little more because he will have to look at some documents
    14        from the distant past.
    15
    16   MR. MORRIS:  I think to be realistic with Mr. Cesca, and we have
    17        not considered yet about how long our cross-examination
    18        will be, he is effectively the only witness on a whole
    19        subject, although maybe someone from Costa Rica will talk
    20        about some particular details about that.  In reality he is
    21        the Mr. Rain forest so far as the Plaintiffs are
    22        concerned.  I would not like to guarantee that he will be
    23        completed in a week by Mr. Rampton.  I do not believe that
    24        he will be completed in one day by examination-in-chief.
    25        I am sure he will go over a day.
    26
    27        So maybe the best way to deal with this if it for some
    28        reason Mr. Cescar absolutely has to come before Christmas,
    29        and there is no way rain forest is going to be completed by
    30        Christmas because we have I do not know how many witnesses,
    31        but we have a number of experts on the subject.  Either
    32        Mr. Cesca is scheduled for the first week after we resume
    33        in January, which will be an absolute guarantee that we
    34        will have preparation time over the Christmas period and
    35        not have to abandon any court days for that purpose because
    36        we would do that work over the Christmas period, but if he
    37        absolutely had to come before Christmas I do not see
    38        why ----
    39
    40   MR. JUSTICE BELL:  I tell you the reason I think he should,
    41        because I think it is in everyone's interest that we press
    42        on with the case.  I think it is important that he be fixed
    43        for a date so that he knows when he is coming.  If we do
    44        not fix him until Christmas, with my experience of
    45        litigation we will fall into the position of thinking that
    46        is what we are aiming for when we really ought to be aiming
    47        for something better.
    48
    49   MS. STEEL:  We could fill in with all the packaging and Jarrett
    50        and things like that in the meantime if we do run short. 
    51 
    52   MR. JUSTICE BELL:  For the reasons I have given I would like him 
    53        to be fixed for a time before Christmas.
    54
    55   MR. MORRIS:  Maybe the 11th is more realistic.
    56
    57   MR. RAMPTON:  I am not having Mr. Morris running my schedules
    58        for me.  He seems to think the he runs the procedure in
    59        this court.  I find it offensive, annoying and
    60        patronizing.  I will fix Mr. Cesca for any of the three or

Prev Next Index