Day 148 - 05 Jul 95 - Page 52


     
     1        trying to see if there are any more N's without question
     2        marks.  No, there are not.  The general submission we are
     3        making is that the Plaintiffs called a witness in rebuttal
     4        to our witness, Mr. Bennett, produced voluminous documents
     5        which he commented on following our witness.  We believe
     6        the effectiveness and strength of our witness's evidence,
     7        they want a second bite of the cherry which they chose not
     8        to call the first time; they chose not to call someone from
     9        Jarretts which was their own choice and now, under the
    10        guise of rebuttal, they want to get a second bite of the
    11        cherry.  In fact, this is not rebuttal at all.  These are
    12        all matters, every single relevant point in Mr. Bone's
    13        statement is old ground.  Therefore, the rebuttal claim
    14        just does not hold water.  Ms. Hovi should be released.
    15        Did she do any re-examination?  I do not know exactly the
    16        course to take.
    17
    18   MR. JUSTICE BELL:   She went away from court, with my agreement
    19        of course, before cross-examination.
    20
    21   MR. MORRIS:  I think the decision is yours alone really because
    22        I do not understand what her status would be, but our
    23        application is that she should be released.  That is it
    24        really.
    25
    26   MS. STEEL:   There were a couple of other things I wanted to
    27        say.  I do not know whether you want me to say them now or
    28        not?
    29
    30   MR. JUSTICE BELL:   No, not unless it is absolutely vital,
    31        because I do need to get away.  How much longer do you
    32        expect to take in the morning?
    33
    34   MS. STEEL:   Not more than 10 minutes on this.
    35
    36   MR. JUSTICE BELL:  What about the recall of Mrs. Barnes?
    37
    38   MR. MORRIS:  I may want to deal with the soya issue as well.
    39        I think certainly at the most two hours, probably an hour
    40        and a half.
    41
    42   MR. JUSTICE BELL:  What I suggest, and it may or may not be
    43        convenient, is that we will have Mr. Stanton -- where is he
    44        coming from?
    45
    46   MR. RAMPTON:  Either Wales or Birmingham.
    47
    48   MR. JUSTICE BELL:  What do you suggest, Mr. Rampton?
    49
    50   MR. RAMPTON:  My Lord, I am a bit unhappy about this, but there 
    51        is nothing that can be done.  He obviously is not going to 
    52        get started any time tomorrow morning because if the 
    53        Defendants are still going to be another, they say, two
    54        hours, that is probably three, that takes us past the
    55        adjournment.  I have then to reply which, of course, I have
    56        not done yet.
    57
    58   MR. JUSTICE BELL:  The strict situation is that when you have
    59        replied the Defendants then have a right to reply to what
    60        is your answer to their applications, do they not?

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