Day 190 - 23 Nov 95 - Page 46


     
     1        whether we deal with them now or rise and deal with them at
     2        2 o'clock.
     3
     4   MR. MORRIS:  I think we should get them out of the way in three
     5        or four minutes.  One is that Sarah Inglis, the article
     6        which accompanies Sarah Inglis' statement -- and I think it
     7        should be behind the statement -- the Plaintiffs asked us
     8        to identify which parts she may refer to or rely on, or
     9        whatever, and I have underlined the bits which I think and
    10        I have given it to the Plaintiffs, so there should be a
    11        copy for the parties.
    12
    13   MR. JUSTICE BELL:  Thank you.  (Handed).  Yes?
    14
    15   MR. MORRIS:  There is actually quite a serious problem which
    16        I want to bring up regarding Melanie O'Riordon, who is
    17        scheduled for tomorrow morning.
    18
    19   MR. JUSTICE BELL:  What is the problem?
    20
    21   MR. MORRIS:  The problem is that she has been advised by her
    22        solicitor regarding her compensation case not to attend
    23        court to give evidence here.  Now, I have been trying to
    24        contact the solicitor, and I will carry on trying to do so,
    25        to see why that should be the case.  I do not see why it
    26        should be the case, but she says she will not do anything
    27        against the wishes of her solicitor in the compensation
    28        case.  So, I do not know -- that puts me in a difficult
    29        position.
    30
    31   MR. JUSTICE BELL:  It may put you in a difficult position with
    32        regard to calling her tomorrow, but what you have to decide
    33        is whether you really do want to call her in the light of
    34        the evidence there has been so far, whether it will advance
    35        your case significantly to call her.  If you decide, having
    36        thought about it, that you do want to call her and she is
    37        not willing to come you have to subpoena her.  It is really
    38        now, largely, that you have to ask yourself whether the
    39        circumstances of the accident are important and whether the
    40        basis on which she was to be paid are important, because we
    41        agreed that all the toing and froing was not going to help
    42        much at the end of the day.
    43
    44   MR. MORRIS:  Yes.  I mean -----
    45
    46   MR. JUSTICE BELL:  The argument about who got cross with who.
    47
    48   MR. MORRIS:  I think the first step is that we have to -- I have
    49        been trying to phone the solicitor since yesterday, since
    50        I heard about this last night. 
    51 
    52   MR. JUSTICE BELL:  Can you get Mr. Baker to come tomorrow 
    53        morning?
    54
    55   MR. MORRIS:  I can phone him up.  Can we leave it in our hands
    56        that we will try to clarify the situation with her, and if
    57        we decide not to call her, bearing in mind what the sister
    58        says, that we will try and contact Mr. Baker.
    59
    60   MR. JUSTICE BELL:  What I would like you to do is -----

Prev Next Index