Day 187 - 13 Nov 95 - Page 41
1 book is an obvious (inaudible) no joy there. We have an
2 old file, as your Lordship knows, relating to One Every
3 Mile, where the name of her company (as it then was), and
4 it was back in the mid 1980s, I think; no joy there. I do
5 not know how much more time we could usefully spend on it.
6
7 I deplore Mr. Morris' attitude, if I may say so; and,
8 indeed, I deplore what he has done because, as I say, in
9 our submission, what he ought to have done is come to the
10 court and said, "We have this problem. Miss Gabriel would
11 like to make representations." Being on the other side
12 from Mr. Morris, it makes me highly suspicious. But that
13 is as may be.
14
15 All I am saying is that I do not believe it fair for the
16 Defendants to slide Miss Tobin in at this stage of the
17 schedule on the pretext that some witness is needed for
18 this week, when they have got at least eight, and maybe 10,
19 outstanding people they said are going to be called that
20 they have not yet scheduled. I think it is down to nine
21 now, because they have scheduled Mr. Sutcliffe.
22
23 I do believe your Lordship should say that if Mr. Morris
24 will not cooperate, then we should be given at least a bit
25 more time before Miss Tobin is called.
26
27 I had thought, in view of what has been said today, that
28 Mr. Morris might be a little bit more cooperative, but it
29 appears I was mistaken about that.
30
31 I will, later on this afternoon, if I may -- I have drawn
32 up what, to my mind, is an extremely gloomy hypothetical
33 schedule for the rest of the evidence in this case, from
34 which your Lordship will see that I do not presently
35 believe the evidence will end before the end of May, as
36 matters presently stand. That gives an enormous amount of
37 time for us to find -- and we obviously have to get on with
38 it; I am not suggesting we should be allowed the whole of
39 that time -- a long time for us to try and find
40 Miss Gabriel and serve the subpoena on her which has been
41 issued.
42
43 Miss Tobin does not relate to any of the interconnected
44 issues such as Colchester or Bath, and could be put in at
45 any time during the later part of this year or the early
46 part of next year, where it is convenient for her and for
47 the Defendants and for your Lordship. There is no need --
48 and it would be, in our submission, quite wrong -- that she
49 should be scheduled at a time which deprives us of the
50 opportunity of seeing what is quite plainly relevant
51 material so far as that film is concerned.
52
53 If your Lordship wishes to know -- your Lordship has
54 probably made your own list -- the witnesses of the
55 Defendants who have not yet been scheduled are Shafibek,
56 the two Harrisons, Logan for obvious reasons, Beech for
57 obvious reasons. I have lost the other names -- yes,
58 Cranner, Cantor and Bowland -- making, I think, a total of
59 eight. Duncan has not yet been confirmed as a non-attender
60 either. Those are the employment witnesses.
