Day 130 - 26 May 95 - Page 82


     
     1        had proposed to your Lordship (and I had understood your
     2        Lordship to say was sensible) was that when they have been
     3        served, which I do not mean they will be weeks or anything
     4        like that, but they will not be ready for tonight or
     5        anything like that, they will be looked at.  If the
     6        Defendants thought they needed to cross-examine Mrs. Barnes
     7        about them, they would apply to your Lordship for an order
     8        that she be recalled.  If your Lordship acceded to that
     9        order, or I made no objection, then she would be recalled
    10        but not otherwise.
    11
    12   MR. JUSTICE BELL:  Yes.  What I understood the position was that
    13        you were going to get a copy of he safety audit.
    14
    15   MR. RAMPTON:  That has been disclosed.
    16
    17   MR. JUSTICE BELL:  You were going to get a couple of copies of
    18        the HMSO publication.
    19
    20   MR. RAMPTON:  Yes, we have done.
    21
    22   MR. JUSTICE BELL:  So far as the report which lay behind the
    23        statistics and the minutes of the quarterly meetings are
    24        concerned, you or Mr. Atkinson were going to have a look at
    25        that and then decide what your position was with regard to
    26        possible discovery.
    27
    28   MR. RAMPTON:  That is right.
    29
    30   MR. JUSTICE BELL:  Depending on that, we might have to have an
    31        argument about it, we might not.  If at the end of the day
    32        there was any further discovery, I would consider any
    33        application which Ms. Steel or Mr. Morris made for recall
    34        of Mrs. Barnes, but I mean, all that is some way down the
    35        line.
    36
    37   MR. RAMPTON:  That is what I had understood your Lordship to
    38        say.
    39
    40   MR. MORRIS:  Yes, but the point is they are either relevant or
    41        they are not relevant.  Mr. Atkinson saw them yesterday.
    42        They are either relevant in which case we should have them
    43        now or they should say they are not relevant -----
    44
    45   MR. JUSTICE BELL:  I do not think a decision has to be made the
    46        very following day.  I would appreciate a decision on that
    47        soon after we return on Tuesday week.
    48
    49   MR. RAMPTON:  Yes.  When I said it must wait a bit longer, I did
    50        not mean weeks, a matter of days.  It is not an easy job 
    51        because there is no question of both sets of documents 
    52        contain a very large amount of material that is irrelevant, 
    53        some in what might be arguably grey areas, I have not read
    54        them, and some which arguably might be relevant depending
    55        on what one sees as being the relevant issues on this
    56        topic.
    57
    58   MR. JUSTICE BELL:  In my view, there is absolutely no reason why
    59        we should not carry on with the evidence.
    60

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