Day 274 - 04 Jul 96 - Page 45


     
     1   MS. STEEL:  Yes.  Okay.
     2
     3   MR. JUSTICE BELL:  But I think it is up to you to contact them
     4        and there will certainly be no objection from me, and I do
     5        not suppose from Mr. Rampton, in your arranging that while
     6        you are actually giving your evidence yourself.  Do you see
     7        what I mean?  If you need to communicate, there is nothing
     8        wrong with that.
     9
    10   MR. RAMPTON:  No, there is only one thing I want to say, and
    11        administration is nothing to do with me, and even if it
    12        interrupts my cross-examination of the defendants I am not
    13        going in the least bit bothered.  The only thing I would
    14        say is this, Mr. Morris's stated intention to withdraw from
    15        the subpoena, allowing Lord Vestey to be called by Ms.
    16        Steel, is an obvious ploy to allow Mr. Morris to
    17        cross-examine Lord Vestey.
    18
    19   MR. MORRIS:  Well, you do hot know what my opinion is at all.
    20
    21   MR. RAMPTON:  I am suggesting it.
    22
    23   MR. JUSTICE BELL:  I do not think that can be so, because as far
    24        as I am concerned Mr. Morris would be in great difficulty
    25        cross-examining Lord Vestey in the circumstances which
    26        prevail.  It would clearly be nothing but a ruse, and I
    27        would be very unlikely to allow it.  But I have got no
    28        reason to suppose that that is what Mr. Morris has got in
    29        mind.
    30
    31   MS. STEEL:  Can I ask about that, because actually there is a
    32        disagreement between us?  I want to call him, Mr. Morris
    33        does not.
    34
    35   MR. JUSTICE BELL:  No, I have just, I hope, made it clear that I
    36        am not assuming that there is any kind of ruse.  I am
    37        perfectly prepared for the purposes of the procedural
    38        conduct of the action to accept that you want to call him
    39        and that Mr. Morris does not want him to give evidence.
    40
    41   MR. RAMPTON:  I only raise the point because Mr. Morris might
    42        have been labouring under the impression that...
    43        (Inaudible)
    44
    45   MR. JUSTICE BELL:  If there is any argument about what
    46        Mr. Morris can or cannot do we will deal with it when we
    47        actually come to it.
    48
    49   MR. MORRIS:  My Lord, I certainly agree with what Ms. Steel
    50        said.  That was my intention.  I did not want to call him.
    51        If he is going to be called by any party I would be
    52        entitled to cross-examine him as far as my understanding of
    53        the law is.
    54
    55   MR. JUSTICE BELL:  Well, we will have to have a look at it and
    56        when I have been reminded of what the procedural pros and
    57        cons are I will make an appropriate decision.  It may very
    58        well, as so many procedural things do, depend upon the
    59        extent to which a certain course is taken.
    60

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