Day 244 - 03 May 96 - Page 27


     
     1
     2   MR. RAMPTON:  I quite agree.
     3
     4   MR. JUSTICE BELL:  -- we really must have an answer in writing
     5        in time for her to consider that before she gives
     6        evidence.  I say "must".  It is obviously highly desirable
     7        that we do.
     8
     9   MR. RAMPTON:  I agree with that, my Lord, but, as your Lordship
    10        has already ruled -- I do not want to take this point now
    11        -- I do not have the power to compel Mr. Morganti to
    12        comply with your Lordship's wishes, much as I would like
    13        him to do so, and if he does not he does not, and I do not
    14        know there is anything I can do about it.  We have done
    15        everything humanly possible.  We have used both the
    16        American lawyers and the English and there is not a lot
    17        I can do.  If he will not do it, he will not do it.  He
    18        says that he will, and I just sit in hope that I get a
    19        piece of paper with the information on it sooner rather
    20        than later.
    21
    22   MR. JUSTICE BELL:  How long would it have taken you to disclose
    23        any material which you had in relation to that part, rather
    24        than approach Senor Morganti?
    25
    26   MR. RAMPTON:  My information thus far is that it would be the
    27        work of a split second, because there is not any.
    28
    29   MR. MORRIS:  Can we formally make an application in the light of
    30        -- it seems that we may not get the statement of
    31        Mr. Morganti, that an interrogatory be -- that the
    32        Plaintiffs be submitted to an interrogatory to disclose the
    33        sources, the geographical sources of their supplies in
    34        Goias State in Brazil.  They obviously have the
    35        information, whether it is in documentary form or not; they
    36        claim to know all their sources of supply and, therefore,
    37        interrogatories should not take very long to answer.
    38
    39   MR. JUSTICE BELL:  I do not think interrogatories are
    40        appropriate at all because they only deal with officers of
    41        the First Plaintiff.
    42
    43   MR. MORRIS:  Yes, but they must know.
    44
    45   MS. STEEL:   They are under a duty to make all relevant
    46        inquiries to find out as well, but, as they said, they must
    47        know because they claim to know all the sources.
    48
    49   MR. JUSTICE BELL:  Quite frankly, I think it is much more
    50        appropriate.  I am not going to do both.  If you want an 
    51        interrogatory and nothing from Senor Morganti you can have 
    52        it, but the answer to the interrogatory may be totally 
    53        arid, just as discovery might be.  It seems to me that you
    54        would do better to wait and see what Senor Morganti turns
    55        up.
    56
    57   MS. STEEL:   I am just a bit concerned that we seem to have been
    58        waiting for quite a long time.  Anyway, there are a couple
    59        of other things I wanted to raise.
    60

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