Day 080 - 30 Jan 95 - Page 63
1 your problem. But, as far as we are concerned, we would
2 like him to be heard.
3
4 MR. JUSTICE BELL: Yes. If that is your definite decision, so
5 be it. I am just trying to give you the benefit of some
6 advice. You do not have to commit yourself to doing it
7 now. I am not suggesting you have any reason for changing
8 your mind. You are perfectly entitled since, as I
9 understand it, Mr. Clark was due to be called on, I think
10 it was, Wednesday, was it not, because Dr. Jackson was
11 listed for today and tomorrow, as it were?
12
13 MR. RAMPTON: My Lord, they were both given two days but that
14 was in an excess of generosity.
15
16 MR. JUSTICE BELL: It may be but the fact is that Mr. Clark was
17 scheduled for Wednesday.
18
19 MR. RAMPTON: I think it is.
20
21 MR. JUSTICE BELL: He is not going to back to Scotland -- is it
22 Scotland?
23
24 MR. RAMPTON: It is Scotland, Glasgow.
25
26 MR. MORRIS: Have the Plaintiffs actually decided not to call
27 him or are they reserving their position?
28
29 MR. RAMPTON: I have said originally there was a strong
30 possibility. The Defendants must take such course as seems
31 to them appropriate when I make my decision whether or not
32 to call him.
33
34 MS. STEEL: If we did not call him this week, if the Plaintiffs
35 do not call him, we can still subpoena him at a later date;
36 is that right?
37
38 MR. JUSTICE BELL: Yes. You may very well not have to do that.
39 It is tiresome for Mr. Clark if he goes back to Scotland --
40 I do not know how fond of London he is -- and has to come
41 back again.
42
43 MR. MORRIS: All I am saying is that he should be here, then if
44 the Plaintiffs want to stand up with Mr. Clark in the room
45 and say: "We are not going to call him", we have the
46 option then to ask him to go into the witness box.
47
48 MR. JUSTICE BELL: Is Mr. Clark going to stay down until the end
49 of Mr. Jackson's evidence?
50
51 MR. RAMPTON: Yes.
52
53 MR. JUSTICE BELL: All I am prepared to say is this:
54 Mr. Jackson will be called tomorrow. I do not know whether
55 he will finish tomorrow but, whenever he does finish which
56 is bound to be this week -- it might well be tomorrow or,
57 I suppose, if it is not tomorrow, one would expect that it
58 would be on Wednesday -- then Mr. Rampton will say whether
59 he is going to call Mr. Clark. If he is going to call him,
60 there we are. If Mr. Rampton says: "I do not propose to
