Day 146 - 03 Jul 95 - Page 11


     
     1        that I can go straight on now to Mr. Bone and Ms. Hovi.  My
     2        application is a very simple one.  It is for your
     3        Lordship's leave to call Mr. Bone to rebut that part of the
     4        evidence of Ms. Hovi which, looking back at it, is, I would
     5        say, well over three quarters of her evidence which was not
     6        notified to us in her written statement, except in some
     7        cases in the broadest possible way.
     8
     9        By that I mean that if one looked at the statements she had
    10        made in her written statement one could guess, perhaps, at
    11        some of the things she might be about to say in the witness
    12        box, but one could have no idea of the kind of detail to
    13        which she condescended when she got into the witness box.
    14
    15   MR. MORRIS:  Can I just say, is "condescended" a pejorative
    16        term?  If so, it should be withdrawn.
    17
    18   MR. RAMPTON:  No, it is not.  My Lord, I start with this, that
    19        I am caught because your Lordship has not the right weeks'
    20        transcripts here.  Would your Lordship wish to rise early
    21        and sit early?
    22
    23   MR. JUSTICE BELL:  What I think the best thing to do is I will
    24        rise now and we will sit again at five to two, but if you
    25        could give me the dates which I must have - I have them
    26        written down in a folder upstairs.
    27
    28   MR. RAMPTON:  Your Lordship should have days 111 and 112 which
    29        are 30th March and 31st March of this year.  They are to be
    30        found in a file called "week 30".
    31
    32   MR. JUSTICE BELL:  Yes.  I have mine all in my -- just as many
    33        as can be crammed in any one folder.
    34
    35   MR. RAMPTON:  There are only two days, my Lord, and most of the
    36        relevant material is, in fact, on the first of those days,
    37        though not all of them.  I say in advance I am not going to
    38        take your Lordship all the way through the transcripts to
    39        illustrate what I am saying.  I am sure your Lordship will
    40        have a clear enough recollection of her evidence and of
    41        your Lordship's own reaction at the time ---
    42
    43   MR. JUSTICE BELL:  Yes.
    44
    45   MR. RAMPTON:  -- to be satisfied when looking at Mr. Bone's
    46        statement that virtually everything in Mr. Bone's statement
    47        deals with what I call "new evidence".
    48
    49   MR. JUSTICE BELL:  There are two aspects whether her evidence
    50        included matters of which you got no or no clear warning in 
    51        her statement, so that you should be able to call someone 
    52        in rebuttal of that.  I have a discretion in any event to 
    53        admit further evidence which I would like to hear for my
    54        own satisfaction or where I considered the interests of
    55        justice require it, do I not?
    56
    57   MR. RAMPTON:  Indeed your Lordship has a discretion, I believe,
    58        to allow any witness to be called at any stage of the case
    59        in any order in the interests of justice.
    60

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