Day 053 - 22 Nov 94 - Page 36


     
     1   MS. STEEL:   In both cases.
     2
     3   MR. JUSTICE BELL:  Dr. Arnott?
     4
     5   MS. STEEL:  Yes.  I know we did ask more questions but,
     6        actually, some of the references, some of the pages that
     7        Mr. Rampton referred you to yesterday were not where we
     8        were asking about causal relationship.  It was where we
     9        were asking about "link", and the witness was saying there
    10        is not a causal relationship.  We felt that the Plaintiffs'
    11        witnesses were stalling.  They were trying to dodge the
    12        issue of whether or not there was a link by saying there is
    13        not a causal relationship.
    14
    15        As I said, it is difficult to go into detail of specifics
    16        without having prepared fully on this, but we do feel that
    17        we did not specifically concentrate on "cause", as we would
    18        have done had that been what was in the pleadings from the
    19        word go, or at least from when Mr. Rampton took over last
    20        July, when he was, he claims, fully aware that it was all
    21        about "cause".
    22
    23        I think, as another example, I can remember you asking
    24        Professor Crawford about "cause" and promotion, or you
    25        asked about "cause", and he said something about
    26        promotion.  That was not something that we had gone through
    27        in great detail with him, either.  If "cause" had been the
    28        specific issue, the only issue, then I think we would have
    29        gone into more detail about that.
    30
    31   MR. JUSTICE BELL:  Professor Crawford is your witness.  He is
    32        going to come back, whatever.  You will certainly be at
    33        liberty to ask him anything you want about that and talk to
    34        him, as I have already indicated, in advance.
    35
    36   MS. STEEL:  The thing is, even if the witnesses are recalled, it
    37        is not the same as having started out from that position,
    38        because we would have approached cross-examination in a
    39        wholly different way and presented our case in a different
    40        way, as well.  Also, it means that some of the Plaintiffs'
    41        witnesses are going to be giving evidence after ours have
    42        given evidence.  It is going to involve a lot more work.
    43
    44        Perhaps if we move on?
    45
    46   MR. JUSTICE BELL:  Yes.  12 is a point you have made already, is
    47        it not?
    48
    49   MS. STEEL:  Yes.  I would specifically remind you about my
    50        opening speech there, where it was clear what we thought 
    51        what the issues were; and it is not surprising we thought 
    52        they were issues, since they were what was pleaded. 
    53
    54        Going on to 13, although we recognise that the word "cause"
    55        has been used on some occasions during pretrial hearings
    56        and in his opening speech, to us, when he was using that,
    57        it was an exaggeration.  If I may say so, if we followed
    58        everything that Mr. Rampton says in court, we would be
    59        completely baffled by now, because he says all kinds of
    60        things.  For example, you may remember, during the argument

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