Day 066 - 14 Dec 94 - Page 79
1 MR. JUSTICE BELL: But if they cannot be sworn in fact so that
2 you receive them on the Tuesday, I think you should receive
3 the drafts on Tuesday, because at least you will be able to
4 have a look at them overnight on Tuesday and you can be
5 told on Wednesday, "Look, here is the final draft, it has
6 been altered in these respects", if it has been in fact
7 modified at all.
8
9 MR. MORRIS: In the light of the present witness's evidence,
10 even though of course we will have the opportunity of
11 questioning Mr. Cesca about the affidavit, I would have
12 thought it would be helpful if we had a draft of
13 Mr. Cesca's affidavit before the end of this week in case
14 there is anything we can ask Dr. Gonzales about, as he has
15 directly visited a number of relevant places.
16
17 MR. RAMPTON: That is the point, my Lord, which
18 Mrs. Brinley-Codd has put in front of me. Dr. Gomez
19 Gonzales' evidence goes back only as far as the latter part
20 of 1991. The dates which are relevant and those which are
21 pleaded lie not within his knowledge but within the
22 knowledge of those who were in Costa Rica (Guatemala) at
23 the relevant times, which are the earlier years as to which
24 Mr. Cesca will have evidence to give, but not Dr. Gomez
25 Gonzales.
26
27 MR. JUSTICE BELL: Mr. Morris, it seems to me that there might
28 be some merit in your point, but since there is the
29 distinction of dates I will stick to what I have just
30 said. If you cannot have them sworn by the time you leave
31 court on Tuesday afternoon or if for any reason we had an
32 early day they cannot be got to your homes by messenger by,
33 say, 6 o'clock that evening in sworn form, you should be
34 given them in draft by those times and be told first thing
35 on Wednesday what, if any, alterations there are in the
36 sworn affidavit.
37
38 MR. RAMPTON: We will do that, my Lord, certainly. There are
39 two things I have mentioned. Again, my recollection of
40 these matters is every bit as tenuous as your Lordship's.
41 I think I remember your Lordship directing that the
42 Defendants should state by Friday if they are going to
43 produce an expert on paper making and its effects and, if
44 so, who it is to be, a statement as to the effect of what
45 that person is going to say and, preferably, a written
46 report. I say that now for the same reason Mr. Morris
47 mentioned the other matter, because it is today Wednesday
48 and it is not yet Friday. Also I mention again the report
49 from Mr. North, the health inspector, which we still have
50 not had.
51
52 MR. JUSTICE BELL: How are you getting on on the paper making
53 front?
54
55 MR. MORRIS: I spoke to someone from the Women's Environmental
56 Network and she said she would tell me by the end of this
57 week yes or no. Mr. Rampton, I believe, has just extended
58 what we were asked to do by expecting a report which will
59 not be appearing before Friday. Our understanding is that
60 she would be, if she is able to do it, a replacement for
