Day 149 - 06 Jul 95 - Page 48


     
     1   MR. MORRIS:  We will have to check.
     2
     3   MS. STEEL:   I know strictly speaking we are not entitled to
     4        come back on what was said about Mr. Bone ----
     5
     6   MR. JUSTICE BELL:  I am not going to stop you completely, but it
     7        must be very, very short because otherwise the argument it
     8        is like a ping-pong match.
     9
    10   MS. STEEL:  Really I just wanted to say something because we are
    11        being accused of deliberately stifling the evidence to
    12        sabotage the Plaintiffs' case or something along those
    13        lines.
    14
    15   MR. JUSTICE BELL:  Mr. Rampton said at the end he did not
    16        suppose it would make any difference.  I am not in my
    17        ruling, whatever I find, find it necessary to dispose of
    18        this matter by making any such finding against you.  The
    19        bottom line, I do not mind saying in my mind, is what at
    20        the end of the day is most likely to enable me to get to a
    21        right conclusion about what goes on at Jarretts.
    22
    23   MS. STEEL:   Which obviously would be easier to do ----
    24
    25   MR. JUSTICE BELL:  I do not mind saying at the moment that it
    26        seems to me that whatever the argument about calling
    27        evidence in rebuttal is concerned, that is my first
    28        consideration.  I do not know if Mr. Bone does come and if
    29        his evidence at the end of the day does conflict
    30        significantly with Ms. Hovi whose evidence I will prefer.
    31        If Ms. Hovi comes back I have more to hear from here.
    32        I have not even seen Mr. Bone.  I do not know what sort of
    33        chap he is like at all.  What I have to reflect on is: Am
    34        I more likely to get it right if I hear Ms. Hovi again and
    35        Mr. Bone, or if I do not hear any more from Ms. Hovi I do
    36        not hear Mr. Bone at all.  So, unless you have some
    37        brilliant new point you have thought of, I suggest you
    38        leave Ms. Hovi and Mr. Bone.
    39
    40   MS. STEEL:  I do want to say something about Mr. Rampton saying
    41        we were deliberately withholding information.  I want to
    42        make the point that he said something about we must have
    43        found out this, that or the other because we were asking
    44        Mr. Bennett questions in cross-examination.  I want to
    45        point out that Ms. Hovi was sitting behind us for some of
    46        the time Mr. Bennett was giving evidence.  She was passing
    47        us questions to ask him.  It is not a matter of we had all
    48        these things up our sleeve which we knew about and were
    49        deliberately withholding.  Also I just want to reiterate
    50        the point about Ms. Hovi did not say at all when she was 
    51        asked about this that we told her not to make a 
    52        supplementary statement. 
    53
    54   MR. JUSTICE BELL:  Yes, I have that in mind.
    55
    56   MS. STEEL:  We did not discuss supplementary statements at any
    57        time.  The only other thing, not on the Bone/Hovi dispute,
    58        I just wanted to clarify about the counterclaim documents,
    59        because we did not go into what is listed on the
    60        Plaintiffs' letter.  I wanted to check, did you say the

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