Day 032 - 06 Oct 94 - Page 05


     
     1        costs, then again a certain attitude might be taken, at
     2        least if they were represented.  Quite frankly, your
     3        criticism is well placed in one sense, but I do think
     4        these Defendants have a most enormous task, if I can be
     5        forgiven for using a colloquialism, getting their act
     6        together and, moreover, in doing it in such a way that you
     7        are given all the time and warning that you should be
     8        given.
     9
    10   MR. RAMPTON:  I am not seeking to score points at this stage.
    11        This is very far from the first time this has happened; it
    12        happens repeatedly.  The Defendants keep getting not just
    13        days but weeks of time off to prepare not only for
    14        cross-examination of my witnesses but for examination of
    15        their own witnesses.  I make a plea that this does not
    16        happen again.  If there are documents to which their
    17        witnesses are going to refer we get them in good time,
    18        really as much for the sake of the witnesses, because I
    19        see now (maybe not in Mr. Lobstein's case), but we have
    20        seen it twice happen with Professor Cannon and Professor
    21        Crawford, they have to go away again.  Not only is it
    22        inconvenient for them but, quite frankly, is inconvenient
    23        for us, because cross-examination has a way of growing
    24        cold.
    25
    26   MR. JUSTICE BELL:  It is inconvenient for everyone because
    27        everyone has to get back into the appropriate mode for
    28        that witness.
    29
    30   MR. RAMPTON:  It breaks the flow.
    31
    32   MR. JUSTICE BELL:  The lesson to be learned from this is, for
    33        the future, you have to concentrate on the mechanics so
    34        far as this topic which we have been discussing is
    35        concerned.
    36
    37   MR. MORRIS:  Yes.  I could respond to Mr. Rampton, but I will
    38        not.
    39
    40   MR. JUSTICE BELL:  I am not attacking you.  I am saying -----
    41
    42   MR. MORRIS:  We are doing our best.  In fact, we are conscious
    43        of our priority of trying to get stuff to the Plaintiffs
    44        before the witnesses are called and, believe you me, we
    45        are doing our best as to what is possible in the
    46        circumstances.  It is just not possible to do things weeks
    47        in advance because we have so many witnesses to prepare
    48        for basically.  For the record, you know, my preparations
    49        mainly for each witness are the night before, up to
    50        3 o'clock in the morning.  I just cannot ----- 
    51 
    52   MR. JUSTICE BELL:  I am sympathetic with your predicament, do 
    53        not misunderstand me about that.  What I suggest is, as we
    54        go along and you can see another topic on the horizon, you
    55        do some kind of spot check in relation to your witnesses
    56        to make sure, in the light of what has happened today and
    57        what has happened on occasions in the past, you have
    58        everything ready.  Do you understand?
    59
    60   MR. MORRIS:  Yes.  If it helps the court, when Mr. Lobstein,

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