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
