Day 051 - 14 Nov 94 - Page 06

     
     1        week of May with our specific witnesses.  It might be that,
     2        in the event, there could be quite a significant
     3        telescoping if we do not have to call a number of those
     4        witnesses because the Defendants are not going to call
     5        theirs and, of course, that would have a corresponding
     6        telescoping effect on the Defendants' evidence.
     7
     8   MR. JUSTICE BELL:  Yes.  I think probably it is better at this
     9        stage that I do not make any comment -- I do not
    10        particularly have any comment to make, save for this, that
    11        when we come to employment, my recollection is that a lot
    12        of the witnesses or potential witnesses are focusing in on
    13        matters of fact and, perhaps, one or two alleged
    14        incidents.  If that is so, we may find that we are able to
    15        get through several witnesses a day.  In other areas, where
    16        one is dealing with questions of fact, it is not unusual to
    17        call, say, three or four or five witnesses a day.  I
    18        just do not know whether that is practical in relation to
    19        this.
    20
         We might give more thought as to whether statements of
    22        evidence might stand as the evidence-in-chief or not.  Of
    23        course, one side or the other might not wish that to happen
    24        in the case of witnesses as to fact.
    25
    26   MR. RAMPTON:  My Lord, that has certainly occurred to us.  The
    27        problem -- "problem" is perhaps the wrong word -- the
    28        comment that one makes about that is that the
    29        evidence-in-chief of most of my witnesses has been
    30        relatively short.  It is their cross-examination which has
    31        taken a long time.  I raise no objection about that, so
    32        long as I am not calling witnesses just so that the
    33        Defendants can cross-examine them because that I am not
    34        willing to do.  If the Defendants are not calling evidence,
    35        then it is my belief they should say so and then we can
    36        abandon the witness.
    37
    38   MR. JUSTICE BELL:  I am not going to invite any comment from
    39        Ms. Steel or Mr. Morris at this stage, because I think we
    40        should come back to this before Christmas in any event, as
         we said.
    42
    43   MS. STEEL:  Can I just say for the record, some of the days we
    44        have lost this term were due to the Plaintiffs' witnesses
    45        not wanting to attend.
    46
    47   MR. JUSTICE BELL:  Yes.  It has been my decision anyway as to
    48        when we have had days off and when we have not.
    49
    50   MR. RAMPTON:  I am not complaining about it. 
    51 
    52   MS. STEEL:  I would just like that to be on the record really. 
    53        I was going to return that.
    54
    55   MR. JUSTICE BELL:  Thank you very much.  We will resume next
    56        Monday morning with the procedural matters.
    57
    58   MR. RAMPTON:  My Lord, as to that, I have one other thing to
    59        mention.  I ought to mention one other matter first --
    60        I know I am going to get a blowing up if I do not get it