Day 061 - 05 Dec 94 - Page 75
1 MR. JUSTICE BELL: No, I promised you your two clear days. Will
2 you, please, make an enquiry of Ms. Dibb? I almost
3 hesitate to ask how long Mr. Van Erp is likely to take.
4
5 MR. MORRIS: The Plaintiffs have referred quite a lot of the
6 things to Mr. Van Erp, the witness, saying: "That is
7 something to ask Mr. Van Erp".
8
9 MR. JUSTICE BELL: If we start Mr. Van Erp tomorrow morning, can
10 we finish him in three days?
11
12 MR. MORRIS: Yes, definitely finish him in three days. We did
13 have Mr. Hopkins due to arrive.
14
15 MR. RAMPTON: He may have to be sacrificed.
16
17 MR. JUSTICE BELL: I am just thinking aloud. We have been on a
18 variety of topics with Mr. Oakley. I would quite like to
19 finish Mr. Oakley's evidence if we can while it is pretty
20 well still in mind. If you have Mr. Van Erp next and if
21 you come back to Mr. Oakley then on Friday, you will have
22 in mind anything which has cropped up in Mr. Van Erp's
23 evidence which you must ask Mr. Oakley, quite apart from
24 the fact you have, presumably, prepared your
25 cross-examination of Mr. Oakley on nutrition and if he
26 comes back on Friday that will still be there in your
27 memory, rather than coming back to prepare it all over
28 again.
29
30 All this is subject to Ms. Dibb, because if Ms. Dibb is not
31 called on Friday, if not calling her on Friday means that
32 she has no date within the near future when she could come
33 back, then I would be inclined to stick with Friday. But
34 if were to ring her and find out that she could come early
35 next week -----
36
37 MS. STEEL: I think the problem is if she is moved to early next
38 week, we hit the same problem which is that we do not get
39 any time.
40
41 MR. JUSTICE BELL: Yes, you do. You get two days willy-nilly.
42
43 MS. STEEL: Yes, but in that case then Mr. Oakley could come
44 back at the beginning of next week and it would not make
45 any difference, would it?
46
47 MR. JUSTICE BELL: It would not, except we have interposed
48 someone else and a weekend between Mr. Van Erp and
49 concluding his evidence. What is the position at the
50 beginning of next week, Mr. Oakley?
51
52 THE WITNESS: I need to get my diary.
53
54 MR. MORRIS: We are very fortunate to have Mr. Hopkins in court
55 actually, so if there is a need, we would be prepared to
56 consider moving him so that that leaves some space.
57
58 MR. JUSTICE BELL: My concern is, for better or worse, you see,
59 Ms. Dibb had to go over for her evidence to be completed.
60 For better or worse, we have gone away for the time being
