Day 086 - 09 Feb 95 - Page 84


     
     1        A.  I do not think that would be appropriate.
     2
     3   Q.   You mentioned, I think it was this morning, some documents
     4        we did not then have called "planned maintenance system
     5        cards" which were not like the check list calendar that we
     6        have seen but separate documents.  Can I show you
     7        something?
     8
     9   MS. STEEL:  I have an objection to this.  We have asked for
    10        several documents in the past.
    11
    12   MR. RAMPTON:  Not in this one.
    13
    14   MS. STEEL:  And the Plaintiffs have failed to produce them.
    15        This is exactly the kind of thing that ought to have been
    16        produced some time ago.  It is just not acceptable that it
    17        is suddenly produced in re-examination.  It is completely
    18        unreasonable.
    19
    20   MR. RAMPTON:  My Lord, it should have been disclosed before,
    21        I dare say that is right.
    22
    23   MR. JUSTICE BELL:  If you are going to ask about it I am going
    24        to adjourn now.  The Defendants can see it overnight and
    25        the witness can come back in the morning.
    26
    27   MR. RAMPTON:  I will not ask the witness about it.  I will
    28        distribute copies and somebody else can deal with it.
    29
    30   MR. JUSTICE BELL:  We may come back to it in due course.
    31
    32   MR. RAMPTON:  That is much the best way of dealing with it.
    33        I am afraid to say the Defendants will not find it a very
    34        exciting document.
    35
    36   MR. JUSTICE BELL:  That may be, but they are entitled to see it
    37        and have the opportunity to ask witness to whom it is put
    38        about them.
    39
    40   MR. RAMPTON:  Obviously, the reason it was not disclosed is that
    41        until Mr. Atherton mentioned it this morning nobody knew of
    42        its existence.  I will move on, if I may, to something
    43        else.
    44
    45   MR. JUSTICE BELL:  I think it is better it is held on to as it
    46        is a loose sheet until it does come up with a witness.
    47
    48   MR. RAMPTON:  I only remark with some sense of irony at
    49        Ms. Steel's outraged at what has now only been heard of for
    50        the first time. However, I pass on to something else. 
    51 
    52   MR. JUSTICE BELL:  I think her point is she did her very best to 
    53        finish her questions and it would be a bit unfair on her if
    54        you could ask questions about it and she did not then have
    55        a chance.
    56
    57   MS. STEEL:  It is not the first time it has happened either.
    58
    59   MR. RAMPTON:  I was talking about the production of what I call
    60        back-pocket documents.

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