Day 007 - 06 Jul 94 - Page 92
1
Alternatively, we start afresh with Mr. Langert in the
2 morning, bring Professor Duxbury back at some later stage
in the case. That is making room for the possibility --
3 it is no more than a possibility because we have not
spoken to Mr. Mallinson -- Mr. Mallinson might be able to
4 come on Friday.
5 MR. JUSTICE BELL: It just occurs to me, having looked at
Professor Duxbury, especially if he has to explain some
6 things to me and cannot go through like quicksilver, then
if the defendants want to cross-examine him or make sure
7 they understand just the way he is putting matters, that
half a day may be optimistic; if it is optimistic we have
8 yet another witness who started and broken off halfway
through. It is OK if we have one or two of those, but if
9 we end up with half the team playing half the game we are
going to be getting into a terrible state.
10
MR. RAMPTON: The only advantage of having Professor Duxbury
11 now is that he does put the figures for McDonald's use of
CFCs and pentane and methane into the context of the world
12 figures. That is something which will easily come back to
your Lordship when we recall him whenever we can. So it
13 is not decisive.
14 What I would like to do, if your Lordship approves, is to
call Mr. Langert first thing tomorrow morning, get him
15 finished and then see if there is time left, and
Mr. Mallinson could be there, if we can get Mr. Mallinson
16 to come on Friday.
17 MR. JUSTICE BELL: Which are the days when Mr. Hopkins can be
here?
18
MR. MORRIS: Next week he cannot be heard at all, so he would
19 like to be heard this week, but he is obviously expecting
to hear Mr. Mallinson first.
20
MR. JUSTICE BELL: We may have to have a gap between them.
21 I think I will break off there having had that
discussion. There are some further questions to be asked
22 of expert witnesses. We must do our best to suit their
convenience. I have to say that with years of experience
23 admittedly with medical witnesses showed that however
black and white things appear to be, there is normally a
24 bit of slack in the schedule. But if that is not so in
this case fair enough.
25
MR. RAMPTON: I do believe that in a case tried by judge alone,
26 particularly in a case of this length with these
technological aids, that the calling of witnesses out of
27 order, and so on, is not terribly important.
28 MR. JUSTICE BELL: If we had to have a gap between Mr.
Mallinson and Mr. Hopkins but Mr. Hopkins could be here to
29 hear Mr. Mallinson, then what we all do is, sometime
before we know Mr. Hopkins is coming back, maybe the night
30 before, read the transcript of Mr. Mallinson's evidence.
Mr. Hopkins can reread it as well. Then we go on from
