Day 187 - 13 Nov 95 - Page 41


     
     1        book is an obvious (inaudible) no joy there.  We have an
     2        old file, as your Lordship knows, relating to One Every
     3        Mile, where the name of her company (as it then was), and
     4        it was back in the mid 1980s, I think; no joy there.  I do
     5        not know how much more time we could usefully spend on it.
     6
     7        I deplore Mr. Morris' attitude, if I may say so; and,
     8        indeed, I deplore what he has done because, as I say, in
     9        our submission, what he ought to have done is come to the
    10        court and said, "We have this problem.  Miss Gabriel would
    11        like to make representations."  Being on the other side
    12        from Mr. Morris, it makes me highly suspicious.  But that
    13        is as may be.
    14
    15        All I am saying is that I do not believe it fair for the
    16        Defendants to slide Miss Tobin in at this stage of the
    17        schedule on the pretext that some witness is needed for
    18        this week, when they have got at least eight, and maybe 10,
    19        outstanding people they said are going to be called that
    20        they have not yet scheduled.  I think it is down to nine
    21        now, because they have scheduled Mr. Sutcliffe.
    22
    23        I do believe your Lordship should say that if Mr. Morris
    24        will not cooperate, then we should be given at least a bit
    25        more time before Miss Tobin is called.
    26
    27        I had thought, in view of what has been said today, that
    28        Mr. Morris might be a little bit more cooperative, but it
    29        appears I was mistaken about that.
    30
    31        I will, later on this afternoon, if I may -- I have drawn
    32        up what, to my mind, is an extremely gloomy hypothetical
    33        schedule for the rest of the evidence in this case, from
    34        which your Lordship will see that I do not presently
    35        believe the evidence will end before the end of May, as
    36        matters presently stand.  That gives an enormous amount of
    37        time for us to find -- and we obviously have to get on with
    38        it; I am not suggesting we should be allowed the whole of
    39        that time -- a long time for us to try and find
    40        Miss Gabriel and serve the subpoena on her which has been
    41        issued.
    42
    43        Miss Tobin does not relate to any of the interconnected
    44        issues such as Colchester or Bath, and could be put in at
    45        any time during the later part of this year or the early
    46        part of next year, where it is convenient for her and for
    47        the Defendants and for your Lordship.  There is no need --
    48        and it would be, in our submission, quite wrong -- that she
    49        should be scheduled at a time which deprives us of the
    50        opportunity of seeing what is quite plainly relevant 
    51        material so far as that film is concerned. 
    52 
    53        If your Lordship wishes to know -- your Lordship has
    54        probably made your own list -- the witnesses of the
    55        Defendants who have not yet been scheduled are Shafibek,
    56        the two Harrisons, Logan for obvious reasons, Beech for
    57        obvious reasons.  I have lost the other names -- yes,
    58        Cranner, Cantor and Bowland -- making, I think, a total of
    59        eight.  Duncan has not yet been confirmed as a non-attender
    60        either.  Those are the employment witnesses.

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