Day 240 - 24 Apr 96 - Page 45
1 MR. JUSTICE BELL: Yes.
2
3 MR. MORRIS: If we have time; we should do.
4
5 MR. JUSTICE BELL: Can I just look at employment? You have
6 Mr. Brett on 15th May.
7
8 MR. MORRIS: Yes.
9
10 MR. JUSTICE BELL: You may have Mr. Olive; you are still working
11 on that.
12
13 MR. MORRIS: Yes. He is not directly contactable, but I am
14 trying to get through to him.
15
16 MR. JUSTICE BELL: The other people I have on my list of
17 outstanding witnesses which I had not yet crossed out are
18 Mr. Patel. You told me it was likely that that would be
19 Civil Evidence Act, but you have not got a statement from
20 him yet, or you have not served one.
21
22 MR. MORRIS: Mr. Patel has had a statement since July 1993, as
23 far as I know.
24
25 MR. JUSTICE BELL: Is it in a bundle?
26
27 MR. MORRIS: Yes.
28
29 MR. JUSTICE BELL: Very well. But is he Civil Evidence Act or
30 not?
31
32 MR. MORRIS: It looks like he will have to be because we just
33 cannot trace him. I have left messages with various
34 relatives, and things like that.
35
36 MR. JUSTICE BELL: Can I not add him to Friday's list? We will
37 have to see how far we get.
38
39 MR. MORRIS: Yes, but if he goes to the bottom of the list just
40 in case there is a remote chance he will get in touch with
41 us, but yes.
42
43 MR. JUSTICE BELL: There is no bar that I know of, save some
44 exercise of discretion, which prevents you actually calling
45 a witness whose Civil Evidence Act statement has been put
46 in. Sometimes Civil Evidence Act statements are served
47 when the witness is going to be called and the statement is
48 actually put in at the end of the evidence-in-chief. The
49 reason it is put in at the end of the evidence-in-chief,
50 rather than at the beginning, is that it is not thought
51 desirable to prompt the witness' evidence-in-chief by
52 reference to the statement by putting it in first in his
53 presence. Do you understand?
54
55 MR. MORRIS: Not really.
56
57 MR. JUSTICE BELL: It was thought better that the witness just
58 be allowed to get on with his or her evidence without
59 seeing what ---
60
