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

Prev Next Index