Day 007 - 06 Jul 94 - Page 91


     
     1                       (The witness withdrew)
 
     2   MISS STEEL:  We notice that we seem to have lost a lot of pages
              on the computer.
     3
         MR. JUSTICE BELL:  I was going to ask about that at the end of
     4        the day because I did not notice when it happened, but on
              my notes I was on 156 at one time, then 59 a little later.
     5
         MR. MORRIS:  I think yesterday we lost half a day's notes.
     6
         MR. JUSTICE BELL:  There we are.  We are all fallible.
     7
         MR. MORRIS:  Can we bring up the matter of Mr. Hopkins?
     8        Mr. Hopkins was in court today and he was excepting to be
              listening to Mr. Mallinson tomorrow.  I do not what we are
     9        going to do because I think it would be extremely unfair
              if Mr. Mallinson -- if Mr. Hopkins could not see him.
    10        Mr. Hopkins if he could be heard, obviously he should not
              be heard before Mr. Mallinson.  Mr. Mallinson, until very
    11        recently, was due to be on tomorrow until yesterday, as
              far as I understood it.  I do not know what the situation
    12        is now.
 
    13   MR. JUSTICE BELL:  Yes.  What is the position, Mr. Rampton?
              Obviously it is to advantage if they can be here at the
    14        same time.
 
    15   MR.RAMPTON:  I follow that.  I am not anxious to be obstructive
              at all.  It would be an advantage to the defendants but
    16        Mr. Mallinson, like Mr. Hopkins, is an independent person
              with a life of his own.  My understanding is, I will be
    17        corrected if I am wrong, that Monday is the only day he
              can do, or not?  My primary concern, my Lord, is that
    18        Mr. Langert should not be held up.  I am content, if it be
              convenient to Mr. Mallinson, that he should start when
    19        Mr. Langert has finished.  It is my intention to start
              Mr. Langert tomorrow after Professor Duxbury.  If
    20        Professor Duxbury can do tomorrow, it may be he cannot, we
              shall have to bring him back at some future date.
    21
         MR. JUSTICE BELL:  What I suggest is that we work on the basis
    22        that you are going to go to Professor Duxbury next, are
              you, before Mr. Langert?
    23
         MR. RAMPTON:  Yes, I do not know whether he can do tomorrow.
    24        May I take instructions?  My understanding is that
              Professor Duxbury can do tomorrow until about lunch time.
    25
         MR. JUSTICE BELL:  Can he realistically be finished by that 
    26        time? 
  
    27   MR. RAMPTON:  In chief -- I know my predictions are sometimes
              optimistic.  I would expect -- there are some documents to
    28        which he will want to refer your Lordship, but they are
              not very extensive, and as far as even I can understand
    29        they are not particularly difficult.  But it is bound to
              take an hour and a half.  It is a question then of whether
    30        the defendants have so many questions to put to him, he
              will not finish by lunch time.

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