Day 127 - 23 May 95 - Page 09


     
     1        I can get this video problem out of the way and also watch,
     2        possibly watch, the videos tomorrow afternoon before
     3        starting cross-examination of Mrs. Barnes.
     4
     5   MR. JUSTICE BELL:  Yes.  Mr. Rampton, what is your stand and
     6        what is the possible solution to the problem?
     7
     8   MR. RAMPTON:  My Lord, I have to say this:  I am reluctant to
     9        say -- I wish I did not have to say it -- I do believe that
    10        Mr. Morris's -- I am not talking about the unfortunate
    11        accident to his son -- present difficulties are entirely of
    12        his own making.  Last Wednesday we made an offer which was
    13        conveyed to him that day, not only that we would pay for a
    14        qualified person to look after his child, but that we would
    15        help him find such a person if he should wish it.
    16
    17        In effect, he turned us down flat, saying that he was not
    18        willing to have anybody to look after the child until after
    19        half term which is the week beginning 6th June.  He finds
    20        himself now in this predicament which is entirely his own
    21        fault.  We have a practical difficulty.  If I did not have
    22        a practical difficulty, I would simply leave it to your
    23        Lordship without saying anything.
    24
    25        It is this:  Mr. Purslow is fixed to start his evidence on
    26        6th June.  For obvious reasons, we prefer that Mrs. Barnes'
    27        evidence should be complete before Mr. Purslow gives
    28        evidence for the reason that he is an expert and then
    29        comment, not only on what is in the documents, but on what
    30        Mrs. Barnes has told your Lordship.
    31
    32        Mrs. Barnes cannot do the week of the 6th.  If she is to be
    33        split in the way that Mr. Morris would wish, and Ms. Steel
    34        for that matter, she will get part way through her
    35        evidence, Mr. Purslow will come along and then poor old
    36        Mrs. Barnes will have to come back at some time in the
    37        future to be cross-examined by Mr. Morris, no doubt, for
    38        two or three days.
    39
    40        My Lord, we submit that is unsatisfactory.  It is not fair
    41        on us.  The reason that I complain about it, and urge your
    42        Lordship to sit for the rest of this week, whether
    43        Mr. Morris can be here or not and finish Mrs. Barnes, is
    44        that these difficulties, both Mr. Morris' and Ms. Steel's
    45         -- I will come to that in a moment -- are entirely of
    46        their own making.
    47
    48        As for Ms. Steel's videos, I do not know when we disclosed
    49        those seven, or whatever it is, health and safety videos;
    50        it must have been a very long time ago.  There is no reason 
    51        why she should not ask us for the loan of a video player. 
    52        We have readily supplied all manner of aids to the conduct 
    53        of the Defence throughout this case.  We have made copies
    54        of videos that the Defendants have disclosed.  We have, of
    55        course, supplied the transcripts and the CaseView.
    56
    57        There is absolutely no reason why she should not have asked
    58        us, nor is there any reason why she not have attended to it
    59        at an earlier stage.  My Lord, the only thing I would say
    60        is about the new documents.  Your Lordship has seen them.

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