Day 062 - 06 Dec 94 - Page 70


     
     1
     2   MR. JUSTICE BELL:  That is another point, might I suggest.  If
     3        we see how we progress to the end of this week, even if it
     4        looks as if there would in theory be time to get Professor
     5        Jackson and --- is it, Mr. Clark?
     6
     7   MR. RAMPTON:  It is either Dr. Clark or Mr. Clark, I cannot
     8        remember.
     9
    10   MR. JUSTICE BELL:  Yes -- in theory in on Monday, 20th, it might
    11        be more sensible to leave them for the time being -- I have
    12        not heard what Mr. Rampton says about that -- and content
    13        ourselves with finishing these packaging witnesses, hearing
    14        Mr. Fernando Gomez Gonzales, for whom arrangements have
    15        been made to come across the Atlantic for that week for
    16        sometime.
    17
    18        If Mr. Hopkins can give evidence on one of the days at the
    19        beginning of that week -- do not forget he is your witness
    20        so you do not have cross-examination to prepare, and I do
    21        not know how long Mr. Rampton will be with him; he might
    22        not be very, very long -- and then you are left a bit of
    23        time for argument about the other procedural matters which
    24        you want to argue before the end of term.
    25
    26        I will merely express the view at the moment, although I am
    27        sure everyone is anxious not to break arrangements which
    28        have been made for witnesses -- if we can do all that, if
    29        it means that Professor Jackson and Mr. or Dr. Clark have
    30        to go over to next term, then we may have to be satisfied
    31        with that.
    32
    33   MR. RAMPTON:  Yes, I would add this (which I must add) having
    34        said what I did say to your Lordship, as usual I spoke
    35        without asking Mrs. Brinley-Codd first, my understanding is
    36        that a message has already gone to Professor Jackson
    37        Dr. Clark to ask them whether they would not mind
    38        shifting.  So, that may make a hole.  What we are very
    39        anxious is that we should not actually just sort of fizzle
    40        out into nothing during those three days, 19th, 20th and
    41        21st, having regard to the heavy burden which awaits us all
    42        at the beginning of next term -- by that I mean the number
    43        of witnesses that still have to be called.
    44
    45   MR. JUSTICE BELL:  Let us take stock again at the end of the
    46        week.  Let us concentrate on this week on completing the
    47        evidence of Mr. Van Erp, Mr. Oakley and Ms. Dibb.  That
    48        does not seem to me to be too great a challenge.  Let us
    49        make that the first objective for this week.  You will then
    50        have such part of the weekend as you care to use and Monday 
    51        and Tuesday before Mr. Gonzales is called. 
    52 
    53        I begin to feel quite strongly that if we concentrate on
    54        completing his evidence and tying up loose ends, then that
    55        is a reasonable expectation for the rest of this term.
    56        But, no doubt, if Mr. Hopkins could come in, say, on
    57        December 19th, or something of that kind, so I would have
    58        thought his evidence could be completed in a day -- that is
    59        a reasonable expectation, is it not?
    60

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