Day 032 - 06 Oct 94 - Page 05
1 costs, then again a certain attitude might be taken, at
2 least if they were represented. Quite frankly, your
3 criticism is well placed in one sense, but I do think
4 these Defendants have a most enormous task, if I can be
5 forgiven for using a colloquialism, getting their act
6 together and, moreover, in doing it in such a way that you
7 are given all the time and warning that you should be
8 given.
9
10 MR. RAMPTON: I am not seeking to score points at this stage.
11 This is very far from the first time this has happened; it
12 happens repeatedly. The Defendants keep getting not just
13 days but weeks of time off to prepare not only for
14 cross-examination of my witnesses but for examination of
15 their own witnesses. I make a plea that this does not
16 happen again. If there are documents to which their
17 witnesses are going to refer we get them in good time,
18 really as much for the sake of the witnesses, because I
19 see now (maybe not in Mr. Lobstein's case), but we have
20 seen it twice happen with Professor Cannon and Professor
21 Crawford, they have to go away again. Not only is it
22 inconvenient for them but, quite frankly, is inconvenient
23 for us, because cross-examination has a way of growing
24 cold.
25
26 MR. JUSTICE BELL: It is inconvenient for everyone because
27 everyone has to get back into the appropriate mode for
28 that witness.
29
30 MR. RAMPTON: It breaks the flow.
31
32 MR. JUSTICE BELL: The lesson to be learned from this is, for
33 the future, you have to concentrate on the mechanics so
34 far as this topic which we have been discussing is
35 concerned.
36
37 MR. MORRIS: Yes. I could respond to Mr. Rampton, but I will
38 not.
39
40 MR. JUSTICE BELL: I am not attacking you. I am saying -----
41
42 MR. MORRIS: We are doing our best. In fact, we are conscious
43 of our priority of trying to get stuff to the Plaintiffs
44 before the witnesses are called and, believe you me, we
45 are doing our best as to what is possible in the
46 circumstances. It is just not possible to do things weeks
47 in advance because we have so many witnesses to prepare
48 for basically. For the record, you know, my preparations
49 mainly for each witness are the night before, up to
50 3 o'clock in the morning. I just cannot -----
51
52 MR. JUSTICE BELL: I am sympathetic with your predicament, do
53 not misunderstand me about that. What I suggest is, as we
54 go along and you can see another topic on the horizon, you
55 do some kind of spot check in relation to your witnesses
56 to make sure, in the light of what has happened today and
57 what has happened on occasions in the past, you have
58 everything ready. Do you understand?
59
60 MR. MORRIS: Yes. If it helps the court, when Mr. Lobstein,
