Day 121 - 04 May 95 - Page 67


     
     1        original cover.  I would be surprised if it was.  On that
     2        page it says in the third paragraph:  "If you have not
     3        already completed chapter 2 HHS and QSC unit, go to that
     4        unit now to learn crew scheduling".
     5
     6        Further on in this tab at bundle page 606 there is internal
     7        page 15, but it is an activity as opposed to the
     8        instructions about how to do the scheduling and it runs
     9        from pages 15 to 21 (internal pages, that is); then it
    10        jumps to pages 37 to 39.  It appears that there is quite a
    11        lot of that chapter that is missing, and given there is so
    12        much dispute about crew scheduling it ought to be disclosed
    13        as it is relevant.
    14
    15   MR. RAMPTON:  My Lord, let the Defendants add that to their list
    16        of applications for discovery.  I have no doubt that parts
    17        of this document that are not present in the bundle were
    18        excluded for good reason that they were not ----
    19
    20   MR. JUSTICE BELL:  Parts were ----
    21
    22   MR. RAMPTON:  Excluded, which I am sure they were.  I do not
    23        know.  I have never seen the original document so I cannot
    24        tell your Lordship how long it might be, but it is quite
    25        apparent that large chunks are missing.  No doubt that is
    26        because it was thought those parts were not relevant.
    27
    28   MR. JUSTICE BELL:  You are on notice that there may be an
    29        application in relation to it in due course.
    30
    31   MR. RAMPTON:  Yes, and we will look at it again, like with any
    32        applications which may be made.
    33
    34   MS. STEEL:  My only concern about documents like this and
    35        leaving this open for an application is that we will hit a
    36        situation which we hit last year about nutrition documents
    37        where we did not get the documents until the witnesses had
    38        all left the witness box so we could not ask them about it.
    39
    40   MR. JUSTICE BELL:  It is a two way thing, because I assume that
    41        this incomplete, as you say, document has been in the
    42        bundle for some very considerable time.
    43
    44   MR. RAMPTON:  Yes, since before the beginning of the trial.
    45
    46   MS. STEEL:  Yes, but we have not had time to read all the
    47        documents.  We have always stated that we have not had time
    48        to read ----
    49
    50   MR. JUSTICE BELL:  That is not the Plaintiffs' responsibility 
    51        that you have not read them. 
    52 
    53   MS. STEEL:  No, but it is their responsibility to disclose all
    54        relevant documents.
    55
    56   MR. JUSTICE BELL:  I appreciate that, but it is equally your
    57        responsibility to pick up anything which you think they
    58        should have disclosed which they have not.  I am not going
    59        to deal with it now.  If you picked it up before the trial
    60        we would no doubt have dealt with it before the trial.

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