Day 191 - 24 Nov 95 - Page 16


     
     1        in October) should have three days out of that week for the
     2        half term.  If he wants the first three, that obviously is
     3        better from Mr. Cesca's point of view because then his
     4        evidence is continuous.  But I really am not willing,
     5        unless your Lordship tells me I have to, remove him lock,
     6        stock and barrel from February, the last two weeks of
     7        February.
     8
     9        I add, of course, that we have allowed the whole of the
    10        previous week as preparation for the rainforest,
    11        notwithstanding the fact that we have got nearly four weeks
    12        off at Christmas, including the four extra days which
    13        I quite readily consented to Ms. Steel having.
    14
    15        So, now, including the week which I always include, at
    16        least in part, so far as preparation is concerned, the
    17        Defendants have got about 10 days before Mr. Cesca starts.
    18        That has the result that their cross-examination should be
    19        organised and to the point, so that he should easily be
    20        able to finish within seven days if he starts on 22nd.
    21
    22   MR. MORRIS:  We have no objection to starting on 22nd.
    23
    24   MR. JUSTICE BELL:  What I suggest is that I put for Mr. Cesca
    25        February 22nd and 23rd, which are the last two days of the
    26        half term week.  In the week before, preparation for
    27        rainforest, what I am going to put at the moment is --
    28        because the one firm thing has to be Mr. Cesca's starting
    29        date ---
    30
    31   MR. RAMPTON:  Yes.
    32
    33   MR. JUSTICE BELL:  -- but all other dates obviously have a
    34        provisional element about them -- I am going to put
    35        February 12th to 14th, allowance for overflow.  February
    36        15th to 16th and 19th to 21st, preparation for rainforest.
    37        Then we will start with Mr. Cesca on 22nd to 23rd.  I think
    38        he should be able to finish comfortably before the end of
    39        the next week, if everyone shows some self-discipline about
    40        just what Mr. Cesca needs to cover, firstly, in chief and,
    41        secondly, in cross-examination, because it is not necessary
    42        to put to him everything which might relate to McDonald's
    43        and the rainforest, and I do not see why -- how long is he
    44        in chief?
    45
    46   MR. RAMPTON:  I think I said -- I stick to it -- a day maybe and
    47        a little trickle over into the next.  The reason I say it
    48        is as long as that -- there are two reasons, one is your
    49        Lordship has not ruled at the moment that the rainforest
    50        evidence should be taken as read, but also that there are 
    51        quite a lot of documents for him to look at and that always 
    52        takes some time. 
    53
    54   MR. JUSTICE BELL:  I am not going to foresee problems which may
    55        arise.  Even if he starts three days late, I personally
    56        think we should be able to keep on schedule.
    57
    58   MR. RAMPTON:  Yes.  I am grateful to your Lordship and I am sure
    59        we will be able to.
    60

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