Day 246 - 09 May 96 - Page 70
1
2 MR. JUSTICE BELL: Yes, that is right, I remember. But my
3 immediate concern is whether you have been able to contact
4 him, so that if you choose to you can ask him about what is
5 in Professor Naismith's report.
6
7 MS. STEEL: I have sent him a copy of Professor Naismith's
8 statement, but I have not actually spoken to him since he
9 has received it -- since he would have received it.
10
11 MR. JUSTICE BELL: What I would like you to do overnight,
12 because it would not only help me, I believe it would help
13 you, is bear in mind some of the comments I have made
14 during the day as to the extent to which you can usefully
15 ask Mr. Preston questions in cross-examination, and then do
16 your best to get organised on that for tomorrow.
17
18 MR. RAMPTON: Can I do one other thing before we leave, my Lord,
19 because he might be called at any minute, is to hand copies
20 of Mr. Nicholson's supplementary statement. They have all
21 been signed by Mr. Nicholson. (Handed).
22
23 MS. STEEL: Can I just say one thing about the recalling of Mr.
24 Nicholson at any minute, which is that we do not actually
25 have any of the publication bundles in court because they
26 were updated and we only got two copies. So, unless we are
27 told at least some time before we actually come to court,
28 we are not going to have the bundles with us because we
29 cannot carry in five bundles every day on the off-chance
30 that he might be called.
31
32 MR. JUSTICE BELL: You will certainly be told at least the
33 afternoon before. If that embarrasses you in any way you
34 must tell me the extent to which it does. What I would
35 like you to do your best is to finish Mr. Preston if you
36 can tomorrow in time to allow Mr. Rampton some time -- he
37 may not require very much for re-examination -- and then,
38 if we get to the stage of finishing Mr. Preston, we can
39 talk then about what to do next. Let us just see. But do
40 your best with Mr. Preston. If you have a reason for not
41 sitting on a day which falls vacant, I would like you to be
42 prepared to tell me what it is that you want to do in the
43 time which has fallen vacant.
44
45 MS. STEEL: You mean, if someone is vacated from a -----
46
47 MR. JUSTICE BELL: Suppose we finish Mr. Preston tomorrow and
48 then the question would arise: Do we go on to
49 Mr. Nicholson first thing on Monday morning, or do we start
50 him on Monday afternoon, or what? If you say, "Well, I
51 would like to start then; I would like to spend Monday
52 morning or Tuesday morning doing this, that or the other
53 which will help me be ready for this which is coming up",
54 I want you to be prepared, so that I can do my best to make
55 sure that time is most productively organised. It is not
56 my aim to rush you off your feet, but the finishing line is
57 in sight and we ought to be getting on our toes to get
58 there as soon as possible.
59
60 (The Court adjourned until 10.30 the following day)
