Day 117 - 27 Apr 95 - Page 35


     
     1        confident they are going to come?
     2
     3   MR. MORRIS:  Yes.  I have not had time to phone many and some of
     4        them are, of course, hard to get hold of sometimes or get
     5        back to.
     6
     7   MR. JUSTICE BELL:  Who, if anyone, have you actually spoken to
     8        who has indicated they are going to come?
     9
    10   MR. MORRIS:  Since I sent the letters, the ones I have actually
    11        directly spoken to and said, you know -- let us say this
    12        year, ones I have definitely spoken to -- I have not
    13        actually got my own list here, I am taking it off the court
    14        list -- Simon Gidney, Colchester -- these are people that
    15        I have spoken to this year -- I mean, all of the people, as
    16        far as I know, are coming unless I hear to the contrary;
    17        these are the ones I have spoken to this year and discussed
    18        the evidence in the case and may be I have sent them
    19        further papers or whatever -- Phil Pearson, obviously, he
    20        is our expert and, in fact he was in court yesterday; Anne
    21        Tobin; Michael Logan; Rosemary Lovett, believe it or not,
    22        we have lost her address but I am sure that is just a small
    23        matter.
    24
    25   MR. JUSTICE BELL:  Can I just take you up on that?  It is the
    26        small matter if you are confident of being able to find it
    27        soon, but it is not a small matter if you have no idea
    28        where she is and how you can trace her.  It is all right to
    29        say:  "I am sure they are all going to come", but they
    30        cannot come if they do not know where to come and when to
    31        come.  Even if Rosemary Lovett is sitting on the edge of
    32        her seat with anxiety to be here and give evidence, if she
    33        cannot be told when to come she is not going to arrive.
    34
    35   MR. MORRIS:  Yes.  She is the one, you remember, who has made a
    36        statement saying she saw this memo about breaches -----
    37
    38   MR. JUSTICE BELL:  I will look at them all again.
    39
    40   MR. MORRIS:  Ian Whittle.
    41
    42   MR. JUSTICE BELL:  What about him?
    43
    44   MR. MORRIS:  Yes, he is someone I have spoken to; in fact,
    45        I spoke to him yesterday.  These are people I
    46        have specifically spoken to this year.  Then I do not know
    47        what the question was about the Civil Evidence Act
    48        witnesses?
    49
    50   MR. JUSTICE BELL:  Are there any others before I mention the 
    51        Civil Evidence? 
    52 
    53   MR. MORRIS:  Not on the list I have in court.
    54
    55   MR. RAMPTON:  My Lord, I forgot to mention, there were two
    56        French witnesses who, when he served the statements, whose
    57        statements he served, Mr. Morris said were definitely going
    58        to come to court.  I do not know whether that stands as
    59        being the position.
    60

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