Day 246 - 09 May 96 - Page 70


     
     1
     2   MR. JUSTICE BELL:  Yes, that is right, I remember.  But my
     3        immediate concern is whether you have been able to contact
     4        him, so that if you choose to you can ask him about what is
     5        in Professor Naismith's report.
     6
     7   MS. STEEL:  I have sent him a copy of Professor Naismith's
     8        statement, but I have not actually spoken to him since he
     9        has received it -- since he would have received it.
    10
    11   MR. JUSTICE BELL:  What I would like you to do overnight,
    12        because it would not only help me, I believe it would help
    13        you, is bear in mind some of the comments I have made
    14        during the day as to the extent to which you can usefully
    15        ask Mr. Preston questions in cross-examination, and then do
    16        your best to get organised on that for tomorrow.
    17
    18   MR. RAMPTON:  Can I do one other thing before we leave, my Lord,
    19        because he might be called at any minute, is to hand copies
    20        of Mr. Nicholson's supplementary statement.  They have all
    21        been signed by Mr. Nicholson.  (Handed).
    22
    23   MS. STEEL:   Can I just say one thing about the recalling of Mr.
    24        Nicholson at any minute, which is that we do not actually
    25        have any of the publication bundles in court because they
    26        were updated and we only got two copies.  So, unless we are
    27        told at least some time before we actually come to court,
    28        we are not going to have the bundles with us because we
    29        cannot carry in five bundles every day on the off-chance
    30        that he might be called.
    31
    32   MR. JUSTICE BELL:  You will certainly be told at least the
    33        afternoon before.  If that embarrasses you in any way you
    34        must tell me the extent to which it does.  What I would
    35        like you to do your best is to finish Mr. Preston if you
    36        can tomorrow in time to allow Mr. Rampton some time -- he
    37        may not require very much for re-examination -- and then,
    38        if we get to the stage of finishing Mr. Preston, we can
    39        talk then about what to do next.  Let us just see.  But do
    40        your best with Mr. Preston.  If you have a reason for not
    41        sitting on a day which falls vacant, I would like you to be
    42        prepared to tell me what it is that you want to do in the
    43        time which has fallen vacant.
    44
    45   MS. STEEL:   You mean, if someone is vacated from a -----
    46
    47   MR. JUSTICE BELL:  Suppose we finish Mr. Preston tomorrow and
    48        then the question would arise:  Do we go on to
    49        Mr. Nicholson first thing on Monday morning, or do we start
    50        him on Monday afternoon, or what?  If you say, "Well, I 
    51        would like to start then; I would like to spend Monday 
    52        morning or Tuesday morning doing this, that or the other 
    53        which will help me be ready for this which is coming up",
    54        I want you to be prepared, so that I can do my best to make
    55        sure that time is most productively organised.  It is not
    56        my aim to rush you off your feet, but the finishing line is
    57        in sight and we ought to be getting on our toes to get
    58        there as soon as possible.
    59
    60        (The Court adjourned until 10.30 the following day)

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