Day 008 - 07 Jul 94 - Page 69
1 to finish his evidence, even if he gets started before the
weekend, so I would rather call him in September.
2
MR. JUSTICE BELL: I am suggesting that we put Mr. Green or you
3 put Mr. Green off.
4 MR. RAMPTON: We will do that now.
5 MR. JUSTICE BELL: So far as you are concerned about
Mr. Oakley, if all works to that plan, you will not be --
6 the two things you are having to really prepare by
Wednesday of next week, which is nearly six days away,
7 apart from any cross-examination of Professor Duxbury on
principle, is your cross-examination of Mr. Oakley,
8 because the environment/index.html">litter witnesses do not involve much, if any,
work; and your preparation to call Mr. Lipsett in chief;
9 that means finding out, for instance, apart from anything
else you want to ask him, what he has to say about what
10 Mr. Kouchoukos said about his evidence yesterday.
11 MR. MORRIS: Yes. That is all quite reasonable, except that
Mr. Oakley's evidence on nutrition is going to put us to a
12 disadvantage because that is a whole subject we have not
really prepared for at all and it is meant to be heard in
13 block, if you like.
14 MR. JUSTICE BELL: Where does Mr. Oakley come from?
15 MR. RAMPTON: He is English.
16 MR. JUSTICE BELL: Yes, but is he----
17 MR. RAMPTON: He comes from East Finchley.
18 MR. MORRIS: He is a McDonald's person.
19 MR. RAMPTON: He lives in Windsor.
20 MR. JUSTICE BELL: I know it is always more satisfactory if you
can call a witness and say "that is it", but what is the
21 insurmountable problem about hearing Mr. Oakley on this
aspect of the case and coming back to him on nutrition?
22
MR. RAMPTON: Probably nothing insurmountable. I am not saying
23 "no", I am not saying "I have to be ordered to do it" or
anything like that. What I do say is this -- I hope I
24 will not say it again; I expect I will. It is all very
well the defendants saying they have not got time to
25 prepare for cross-examination of Mr. Oakley on nutrition.
I say it for this reason, not because I am trying to say
26 "Oh well, it is so and so's fault or it is not", but
because your Lordship has to balance the interests of the
27 parties. That, so far as we are concerned, includes the
interests of the witnesses.
28
In striking that balance a factor your Lordship may think
29 is whether or not the defendants and the extent to which
they have got only themselves to blame for the positions
30 they find themselves in. That is a fair consideration in
the question where the balance lies, we would say.
