Day 073 - 13 Jan 95 - Page 51


     
     1        personal comments and, to be honest, if he does not stop
     2        making them, I will make a formal complaint to the
     3        appropriate authority.  I am unable to attend for that
     4        week, as far as I can see.
     5
     6   MR. JUSTICE BELL:  Just listen to me for a moment.  I will
     7        listen sympathetically to anything you say about that, but
     8        you cannot tell me that you are unable to attend.  I will
     9        consider it.  I will consider it fairly, but you cannot
    10        tell any judge of this court that you will not be there.
    11        You can at your own choice not attend, but that does not
    12        mean that you can say: "The trial cannot go on without
    13        me".  You would be much better advised just to put good
    14        reason for it related to the timetable.
    15
    16   MR. MORRIS:  I have put good reason for it.
    17
    18   MR. JUSTICE BELL:  No, what I decide at the end of the day to be
    19        good reason.  It is no use -- I think you appreciate it
    20        yourself -- just saying: "I cannot attend on certain days"
    21        and assuming that that request will, therefore, because you
    22        have made it be met.
    23
    24   MS. STEEL:  Can I say something which is that Mr. Rampton makes
    25        these comments, not just about Dave and his
    26        responsibilities for his son, but also about how many hours
    27        there are in the day and things like that.  I do not know
    28        what Mr. Rampton's home circumstances are.  It would not
    29        surprise me if he has someone doing his cooking, cleaning
    30        and shopping for him.  He also has the money to be able to
    31        pay for a child-minder.
    32
    33   MR. JUSTICE BELL:  Stop there because I have already come part
    34        way to meet you.  I am not applying to your preparation
    35        what I would expect a full-time member of the Bar to do.
    36        Had I done that, I would not be saying, having finished,
    37        hopefully, Mr. Siddique, Professor Ashworth and
    38        Mr. McIntyre by Friday evening, that we would not want to
    39        start again until the Wednesday of the week after.  It is
    40        because I have done my best to take account of your
    41        position that I have suggested that.
    42
    43   MS. STEEL:   I think the point we are making is that we just
    44        take offence at the fact that Mr. Rampton assumes that we
    45        are wasting time and that we have nothing else to do.
    46
    47   MR. JUSTICE BELL:  I have to rely on you to judge between you
    48        and reach some fair conclusion which gives you an allowance
    49        of time for preparation, that moves on with the case, takes
    50        account of anything Mr. Morris says about half term without 
    51        telling me the case is not going to go on that week, do our 
    52        best to look at it in a calm way.  If we go to Mr. Walker 
    53        on Wednesday 25th and 26th of January -- will he finish in
    54        two days, do you think?
    55
    56   MR. MORRIS:  Mr. Walker?
    57
    58   MR. JUSTICE BELL:  Yes.
    59
    60   MR. MORRIS:  We do not think we will.

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