Day 266 - 20 Jun 96 - Page 61


     
     1
     2   MR. RAMPTON:  My Lord, if it should turn out we are in prospect
     3        of losing one-and-a-half -- because I do not know if Mr.
     4        Clair will go for the whole of Monday, one-and-a-half or
     5        two-and-a-half days next week, I have to say I do not know
     6        if Miss Tiller will be the whole of Friday either.  Mrs.
     7        Tiller, I beg your pardon.  I would seriously propose -- we
     8        have got nobody left.  So there is nothing I can do to fill
     9        the holes.  So we propose if the defendants do not want to
    10        call their own witnesses, there is absolutely no reason why
    11        they themselves should not start giving evidence next week;
    12        one or other of them.  I do not know which assuming that
    13        they are always going to do that, but I have made that
    14        assumption.  But that is not something which is affected by
    15        the Appeal in the very least because they can go and tell
    16        their story about all sorts of other issues.
    17
    18   MR. MORRIS:  Have you finished now?
    19
    20   MR. RAMPTON:  Yes.  I am just anxious not to waste time.
    21
    22   MR. JUSTICE BELL:  Yes.  Well, you need not at address me on it
    23        because I am very anxious not to lose time and I said that
    24        I was not, I did not think case should be held up, pending
    25        the hearing of any Appeal or Application for Leave to
    26        Appeal because the last thing in the world I wanted was an
    27        appeal at some stage in the indefinite future and this
    28        trial hanging fire while we waited for that.  I will look
    29        at Professor Crawford overnight.  I very much hope that he
    30        can give evidence starting on Tuesday morning anyway, but
    31        with the Appeal to be heard only two days away, after we
    32        adjourn on the Monday.  I do not think it would be right to
    33        put you to a decision as to which publication witnesses you
    34        call or whether you give evidence yourself until you have
    35        had the result of that Appeal.  That is assuming that the
    36        Court of Appeal gives its judgment straightaway or the
    37        following morning.  I am sad if we do lose any time.  I
    38        would hope that we can go ahead with Professor Crawford
    39        anyway.  It may very much depend upon whether there is
    40        something completely new in his report or whether it just
    41        glosses on the arguments which are clearly in the forum
    42        already.
    43
    44        I am going to read his new report overnight and we can come
    45        back to it.  We will have to come back to it in any event
    46        tomorrow, if Mr. Rampton suggests that he will not be ready
    47        for Professor Crawford, but there we are.  I am sorry to
    48        lose even a day at this stage but I think it is as simple
    49        as this.  The Appeal bites on the topics in relation to
    50        which Miss Lapport and Mr. Gravett would give evidence if
    51        they were called and upon which you, at some stage in your
    52        evidence, would give evidence if you decided to give 
    53        evidence yourselves.
    54
    55   MS. STEEL:  Yes.  I mean just in respect of Professor Crawford
    56        even if there is some problem with the new stuff that has
    57        come, I do not see that there would be a problem of at
    58        least getting on with cross-examination relating to his
    59        evidence last time.
    60

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