Day 073 - 13 Jan 95 - Page 51
1 personal comments and, to be honest, if he does not stop
2 making them, I will make a formal complaint to the
3 appropriate authority. I am unable to attend for that
4 week, as far as I can see.
5
6 MR. JUSTICE BELL: Just listen to me for a moment. I will
7 listen sympathetically to anything you say about that, but
8 you cannot tell me that you are unable to attend. I will
9 consider it. I will consider it fairly, but you cannot
10 tell any judge of this court that you will not be there.
11 You can at your own choice not attend, but that does not
12 mean that you can say: "The trial cannot go on without
13 me". You would be much better advised just to put good
14 reason for it related to the timetable.
15
16 MR. MORRIS: I have put good reason for it.
17
18 MR. JUSTICE BELL: No, what I decide at the end of the day to be
19 good reason. It is no use -- I think you appreciate it
20 yourself -- just saying: "I cannot attend on certain days"
21 and assuming that that request will, therefore, because you
22 have made it be met.
23
24 MS. STEEL: Can I say something which is that Mr. Rampton makes
25 these comments, not just about Dave and his
26 responsibilities for his son, but also about how many hours
27 there are in the day and things like that. I do not know
28 what Mr. Rampton's home circumstances are. It would not
29 surprise me if he has someone doing his cooking, cleaning
30 and shopping for him. He also has the money to be able to
31 pay for a child-minder.
32
33 MR. JUSTICE BELL: Stop there because I have already come part
34 way to meet you. I am not applying to your preparation
35 what I would expect a full-time member of the Bar to do.
36 Had I done that, I would not be saying, having finished,
37 hopefully, Mr. Siddique, Professor Ashworth and
38 Mr. McIntyre by Friday evening, that we would not want to
39 start again until the Wednesday of the week after. It is
40 because I have done my best to take account of your
41 position that I have suggested that.
42
43 MS. STEEL: I think the point we are making is that we just
44 take offence at the fact that Mr. Rampton assumes that we
45 are wasting time and that we have nothing else to do.
46
47 MR. JUSTICE BELL: I have to rely on you to judge between you
48 and reach some fair conclusion which gives you an allowance
49 of time for preparation, that moves on with the case, takes
50 account of anything Mr. Morris says about half term without
51 telling me the case is not going to go on that week, do our
52 best to look at it in a calm way. If we go to Mr. Walker
53 on Wednesday 25th and 26th of January -- will he finish in
54 two days, do you think?
55
56 MR. MORRIS: Mr. Walker?
57
58 MR. JUSTICE BELL: Yes.
59
60 MR. MORRIS: We do not think we will.
