Day 146 - 03 Jul 95 - Page 22
1 by Mrs. Brinley-Codd and Mr. Atkinson, I have checked them
2 and they are correct in two senses that the right pages
3 have been given and, so far as I am concerned, the
4 summaries of the allegations which appear in Mr. Bone's
5 statement are accurate.
6
7 My Lord, that said, I therefore apply for leave to your
8 Lordship to call Mr. Bone as a witness in rebuttal. Even
9 if I thought that I did not fulfil the requirement that
10 I have been unfairly taken by surprise by Ms. Hovi's
11 evidence, even if I did not think that was right, I would
12 still ask your Lordship's leave simply on the ground that
13 if any importance is ever to be attached to what goes on or
14 went on in Jarretts and, therefore, to what Ms. Hovi has
15 told your Lordship so far, then in justice I ought to have
16 that leave. I leave entirely to your Lordship the question
17 whether Ms. Hovi should be recalled for further
18 cross-examination.
19
20 MR. JUSTICE BELL: I was going to ask you if I said, yes, you
21 should have leave to call a witness in rebuttal, what
22 should the order be between such a witness and Ms. Hovi?
23
24 MR. RAMPTON: My Lord, there are two ways of looking at it. To
25 be honest with your Lordship, I have not really got a
26 concluded view either way. If one called Mr. Bone first
27 and Ms. Hovi were shown a transcript of her evidence, she
28 might well say: "Well, in the light of all that, thank you
29 very much, but I am not coming back to court unless I am
30 meant to, but I accept everything he said". She might well
31 say that; she is an independent person, she is not, as it
32 were, in the Defendants' pocket, so far as I know, and
33 having seen the detail of what Mr. Bone says sworn in the
34 witness box she might well decide she does not want any
35 more of it, in which case I would not be the least bit
36 concerned to have her back.
37
38 I am only concerned actually to have Mr. Bone here. I do
39 not really mind one way or the other very much about
40 Ms. Hovi. The alternative is to have Ms. Hovi first when,
41 if she accepted in cross-examination the most part of what
42 Mr. Bone was saying, why, then, I need not call Mr. Bone so
43 we would save time that way too.
44
45 Generally speaking, in this case, Mr. Atkinson rightly says
46 -- it had not occurred to me -- maybe it is best to call
47 her first for this reason, that if Mr. Bone goes first and
48 she comes back after Mr. Bone, who knows, she may come up
49 with a whole lot of new stuff of which we have had no
50 notice, in which case we would have to recall Mr. Bone or
51 somebody else.
52
53 So, perhaps, it is preferable, if your Lordship would like
54 to have her back for further cross-examination or the
55 Defendants would, that she should go first so that anything
56 new she might come up with Mr. Bone can deal with when he
57 gets here. I am really only concerned about saving time,
58 so far as that part of it is concerned.
59
60 MR. JUSTICE BELL: Yes.
