Day 165 - 27 Sep 95 - Page 33


     
     1        was interposed during our evidence on recycling and waste
     2        to suit his convenience, again because he came from America
     3        and it would not have been right to keep him back if those
     4        were the dates that were convenient to him.  I make the
     5        same observation about Mr. Lamti and his colleague from
     6        France.
     7
     8        In saying that, I naturally would hope that the Defendants
     9        would exercise a similar understanding and co-operation in
    10        relation to my other witnesses from abroad who, I tell your
    11        Lordship now, are Mr. Mehigan from Ireland.  I had not
    12        originally intended to call him because as at 31st August
    13        the only live witness he had to answer was a lady called
    14        Anne Kaysey on the Defendants' side and, having looked at
    15        her statement, it did not seem to me that there was
    16        anything much in her statement that Mr. Mehigan's presence
    17        here was needed to respond to.
    18
    19        Then on 18th of this month, that is to say, about a week
    20        ago, Mr. Morris notified us that in addition to Mrs. Kaysey
    21        he intended to call a gentleman, Sean Rochec, who is also
    22        one of the Irish witnesses for the Defendants.  In the
    23        light of that, we decided that contrary to what we had
    24        originally thought it would be desirable for us to call
    25        Mr. Mehigan.
    26
    27        The result of that is that the first date that he can make
    28        is 16th October.  Whether he is there for one or two days,
    29        I do not know, that depends upon the Defendants' estimate
    30        of their cross-examination.  Once he is here, of course, he
    31        can be cross-examined, not only about what Mrs. Kaysey says
    32        and Mr. Rochec, but also what about the other Irish
    33        witnesses have said in their statements who are not going
    34        to be called live by the Defendants, so it may be he would
    35        be here for two days.
    36
    37        My Lord, that leaves only our Canadian witnesses.  There
    38        will be two of those, I think.  They were both crew members
    39        at the time of the events described or deposed to by Sarah
    40        Ingliss whose capacity as a live witness was notified to us
    41        on 31st August.  The earliest that they can arrange to be
    42        here is the week beginning 6th November.  That,
    43        I anticipate, is the only area of this somewhat lop-sided
    44        schedule that might cause a difficulty because, of course,
    45        one can understand that the Defendants would not want to
    46        call Sarah Ingliss until after our two Canadian witnesses
    47        had given their evidence.
    48
    49        What we have not been told by the Defendants is we have not
    50        had any indication by the Defendants, apart from Lamti and 
    51        Villeneuve-Gallez, of the order in which they intend to 
    52        call their witnesses.  So, we have no clue when Sarah 
    53        Ingliss might be intended to be called as a witness for the
    54        Defendants.
    55
    56        I say, therefore, now that if she should be coming to this
    57        country she should, if the Defendants can arrange it, in
    58        their own interests, come after 6th, 7th and, perhaps, 8th
    59        November.
    60

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