Day 097 - 06 Mar 95 - Page 86


     
     1        finish him then and him having to come back yet again.
     2        I am sympathetic to the plea for some extension of the
     3        Easter time, really bearing in mind what Ms. Steel told me
     4        this morning.  It would, effectively, add a court week if
     5        those three days were not in court, plus the one and a half
     6        days what would have been the beginning of next term.  I am
     7        not prepared to say we will not sit at that time because
     8        if, for instance, your witnesses under this head were going
     9        to trickle over for either one or two days, I think we
    10        should complete them, so we effectively completed this.  So
    11        I think, as I asked you to do over the half term, you
    12        should try to make some provisional arrangement in relation
    13        to your own position while hoping it will not be necessary
    14        to make use of it.
    15
    16   MR. RAMPTON:  I make no comment about that.
    17
    18   MR. JUSTICE BELL:  Leave that for a moment Mr. Rampton.
    19
    20   MR. MORRIS:  We want to point out as far as Mr. Beaver is
    21        concerned, we feel we need quite substantial preparation
    22        for Mr. Beavers because he potentially covers a very broad
    23        area.  I know that you have already said how you feel about
    24        it, but we would support that.
    25
    26   MR. JUSTICE BELL:  Whatever the position is with regard to
    27        Mr. Beavers, I might say I do not want him that week, but
    28        I think McDonald's should have the opportunity to find out
    29        just what his position is.  I cannot say it more plainly
    30        than I very much hope that he can in fact give his evidence
    31        at another time for a variety of reasons, not least of
    32        which is the totally independent one that I think it would
    33        be disastrous if he was called and for a perfectly good
    34        reason it turned out that he could not be completed within
    35        thee days and he goes back to America and has to come back
    36        yet again.  There we are.  I think it only right to give
    37        McDonald's the opportunity to see just what his position is
    38        before I make a decision.
    39
    40   MR. RAMPTON:  We have that firm in our mind, my Lord.  I do not
    41        think that he would be very pleased having come over here
    42        and then to have to come back yet again.  I do not know
    43        when he can come back again.  We will do as your Lordship
    44        suggests and try to get him back on Monday.
    45
    46   MR. JUSTICE BELL:  The other aspect which I would like you to
    47        consider is with regard to him and Mr. Preston in their
    48        positions of authority.  If they can come after a very
    49        considerable proportion of the evidence has been called in
    50        case there are matters which they can deal with with their 
    51        overall view of matters, but not so near the end of the 
    52        evidence that there is no time to collect further 
    53        information which may arise from any cross-examination,
    54        then I think there is some advantage in that.  But there is
    55        a limit to the extent to which a judge can start preaching
    56        to the party as to when witnesses should or not should not
    57        be called.
    58
    59   MR. RAMPTON:  I respectfully agree with your Lordship.  If they
    60        are called later the shorter they ought to be because much

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