Day 052 - 21 Nov 94 - Page 60


     
     1        Lordship says.
     2
     3   MR. JUSTICE BELL:  Then Defendants have someone to cross-examine
     4        on the arithmetic or the basis of it.
     5
     6   MR. RAMPTON:  That may be the answer.
     7
     8   MR. JUSTICE BELL:  But at the moment I am not disposed to look
     9        at Mr. Van Erp again unless you say, "Well, he is in this
    10        country, I will call him".
    11
    12   MR. RAMPTON:  If there is another means of dealing with the
    13        figures we will have a look at that.  It may be we can
    14        jettison him altogether.  We will look at that overnight.
    15        While we are on the question of Mr. Mallinson.
    16
    17   MR. MORRIS:  We have not necessarily finished our comments about
    18        Mr. Erp.
    19
    20   MR. RAMPTON:  There is nothing more to be said about that.
    21
    22   MR. JUSTICE BELL:  I will hear you in a moment about that.
    23
    24   MR. RAMPTON:  While we are on Mr. Mallinson, my understanding is
    25        we are 90 per cent sure that he can come back on Wednesday,
    26        so he need not start on Friday, which means that Ms. Dibb
    27        can go Thursday or Friday; whether she finishes on Friday
    28        is quite another matter.  We will have to wait and see
    29        about that.  At any rate she can get two days in a row, and
    30        Mr. Mallinson on Monday and Wednesday; Professor Ashworth
    31        on Tuesday afternoon.  It means that we will have a blank
    32        for Tuesday morning, but perhaps no harm done really.
    33
    34        This also I should say about Mr. Mallinson, and I say it
    35        now so that the Defendants do not make another of their
    36        ill-founded accusations about confusion and surprise in
    37        their ranks.  It is presently my intention having looked
    38        again at Mr. Mallinson's evidence and at the size of the
    39        issue on trees, or rather I should say the nature of the
    40        issue on trees, it is presently my intention with your
    41        Lordship's leave not to ask Mr. Mallinson any questions
    42        in-chief, but to ask your Lordship to allow his statement
    43        to stand as his evidence-in-chief and offer him for
    44        cross-examination.
    45
    46   MR. JUSTICE BELL:  Yes.  I said I am prepared for either party
    47        to do that.
    48
    49   MR. RAMPTON:  Then I give fair warning that that is what I shall
    50        do, and that if Mr. Mallinson is here on Monday the 
    51        Defendants must be prepared to cross-examine him on that 
    52        day in the morning. 
    53
    54   MR. JUSTICE BELL:  If I have learnt anything from this case it
    55        is to wait and see how long witnesses do in fact take.  We
    56        will see how Ms. Dibb goes on Thursday and Friday.
    57
    58        So far as Mr. Van Erp is concerned, it is generally up to
    59        any party to decide who they call or do not call.  What
    60        I have indicated is that unless Mr. Rampton can persuade me

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