Day 127 - 23 May 95 - Page 09
1 I can get this video problem out of the way and also watch,
2 possibly watch, the videos tomorrow afternoon before
3 starting cross-examination of Mrs. Barnes.
4
5 MR. JUSTICE BELL: Yes. Mr. Rampton, what is your stand and
6 what is the possible solution to the problem?
7
8 MR. RAMPTON: My Lord, I have to say this: I am reluctant to
9 say -- I wish I did not have to say it -- I do believe that
10 Mr. Morris's -- I am not talking about the unfortunate
11 accident to his son -- present difficulties are entirely of
12 his own making. Last Wednesday we made an offer which was
13 conveyed to him that day, not only that we would pay for a
14 qualified person to look after his child, but that we would
15 help him find such a person if he should wish it.
16
17 In effect, he turned us down flat, saying that he was not
18 willing to have anybody to look after the child until after
19 half term which is the week beginning 6th June. He finds
20 himself now in this predicament which is entirely his own
21 fault. We have a practical difficulty. If I did not have
22 a practical difficulty, I would simply leave it to your
23 Lordship without saying anything.
24
25 It is this: Mr. Purslow is fixed to start his evidence on
26 6th June. For obvious reasons, we prefer that Mrs. Barnes'
27 evidence should be complete before Mr. Purslow gives
28 evidence for the reason that he is an expert and then
29 comment, not only on what is in the documents, but on what
30 Mrs. Barnes has told your Lordship.
31
32 Mrs. Barnes cannot do the week of the 6th. If she is to be
33 split in the way that Mr. Morris would wish, and Ms. Steel
34 for that matter, she will get part way through her
35 evidence, Mr. Purslow will come along and then poor old
36 Mrs. Barnes will have to come back at some time in the
37 future to be cross-examined by Mr. Morris, no doubt, for
38 two or three days.
39
40 My Lord, we submit that is unsatisfactory. It is not fair
41 on us. The reason that I complain about it, and urge your
42 Lordship to sit for the rest of this week, whether
43 Mr. Morris can be here or not and finish Mrs. Barnes, is
44 that these difficulties, both Mr. Morris' and Ms. Steel's
45 -- I will come to that in a moment -- are entirely of
46 their own making.
47
48 As for Ms. Steel's videos, I do not know when we disclosed
49 those seven, or whatever it is, health and safety videos;
50 it must have been a very long time ago. There is no reason
51 why she should not ask us for the loan of a video player.
52 We have readily supplied all manner of aids to the conduct
53 of the Defence throughout this case. We have made copies
54 of videos that the Defendants have disclosed. We have, of
55 course, supplied the transcripts and the CaseView.
56
57 There is absolutely no reason why she should not have asked
58 us, nor is there any reason why she not have attended to it
59 at an earlier stage. My Lord, the only thing I would say
60 is about the new documents. Your Lordship has seen them.
