Day 016 - 22 Jul 94 - Page 41


     
     1        in cross-examination is if the witness really ought to be
              given an opportunity to answer some positive point you are
     2        seeking to make.
 
     3   MS. STEEL:  I understand we are not going to be criticised, but
              I do not think it is fair if Mr. Rampton spends a day or a
     4        half or a day, whatever, calling evidence and then he
              expects us not to bother cross-examining on certain areas.
     5
         MR. RAMPTON:  No, Ms. Steel is not right about that.  Can I say
     6        how I see it?  If, as your Lordship says, there is some
              contentious point in the evidence which they feel they
     7        must put, for which they have evidence on their own side,
              then they should put it.  What I have always said (and
     8        what I continue to say) is that if there should be
              something which occurs to them later which they have not
     9        put to the witness I am not going to make a complaint. But
              I do side with your Lordship in observing that there is
    10        really no need to ramble all the way through the witness's
              evidence just for the sake of it.  There really is not.
    11
         MR. MORRIS:  I would give every guarantee to the court we will
    12        not ramble through any witness's evidence for the sake of
              it.  We will concentrate on the matters here in court.
    13
         MR. JUSTICE BELL:  Concentrate on where you hope to gain ground
    14        with the witness.  Concentrate on where you feel, knowing
              what you do about our rules, you have some positive point
    15        to make which it is only fair to put to the witness.  All
              else you can leave on one side.  But I have to leave it to
    16        your judgment.  If I think you are going down an avenue
              which is irrelevant, then I will let you know.  We will
    17        resume at 2 o'clock still.
 
    18   MS. STEEL:   I am a bit concerned about Monday, irrespective of
              whether we manage to finish Professor Wheelock this
    19        afternoon.  Cancer, as keeps being said, is the major
              topic, and realistically I do not think that is likely to
    20        be finished on Monday.  With Mr. Gregory coming on
              Tuesday, that is going to mean a break in Mr. Arnott's
    21        evidence in any event.
 
    22   MR. RAMPTON:  It may or may not do.  We will see about that.
              At the moment my intention is to call Dr.Arnott, if
    23        I possibly can, on Monday morning at 10.30.
 
    24   MS. STEEL:   We are being told that Mr. Wheelock is leaving a
              lot of his cancer stuff for Mr. Arnott to deal with and
    25        that we should do similarly.  I just do not see it being
              finished on Monday. 
    26 
         MR. JUSTICE BELL:  There we are.  Do not concern yourself about 
    27        that.  If it cannot be finished on Monday we will have to
              make some other arrangement.  What I do not want to do is
    28        break into Professor Wheelock's evidence.  We may have to
              break into Dr. Arnott, we will just have to see.  But if
    29        we can avoid breaking into Professor Wheelock well and
              good.  If we can finish him this afternoon well and good.
    30        If not, we will have to run into Monday morning and
              hopefully it will not take too much of Monday morning.

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