Day 175 - 18 Oct 95 - Page 21

     
     1        that I would not require the Defendants to plead
     2        allegations if they were in witnesses statements; and it is
     3        not right the Defendants should be able to take advantage
     4        of that gesture (if I can call it that) on our part -- not
     5        deliberately, I am not saying that, but in effect to take
     6        us by surprise when the witness gets into the witness box.
     7
     8        I should only perhaps add this:  if your Lordship gave
     9        leave to Mr. Morris to do what he says he wants to do,
    10        I foresee two problems:  first, that I might have to ask
    11        this witness to be recalled for cross-examination; second,
    12        that I might also have to ask your Lordship's leave to call
    13        rebuttal evidence, as precisely has happened in the case of
    14        Miss Hovi.  I am as anxious as your Lordship to see an end
    15        to this case at some time.
    16
    17   MR. JUSTICE BELL: Yes.  Thank you.
    18
    19   MR. MORRIS:  Well, it is as I remembered, that elaboration on
    20        topics which are touched on in the statement you did not
         expect to have any objection to.
    22
    23   MR. JUSTICE BELL: Yes.  But you took note of what I said after
    24        that.
    25
    26   MR. MORRIS:  Yes.
    27
    28   MR. JUSTICE BELL: Especially about new substantial incidents
    29        within topics without prior warning.
    30
    31   MR. MORRIS:  Yes, in other words, that -----
    32
    33   MR. JUSTICE BELL: What I am going to do, I am going to adjourn
    34        now until quarter to one.  I want you to use the next hour
    35        to speak to Mr. Whittle and make a note of the extra
    36        evidence you would like to elicit from him.
    37
    38        Hopefully, you will have finished doing that by quarter to
    39        one.  If you have not, if you are not going to finish by
    40        quarter to one, I would like you to come back to court from
         wherever you are doing it at about 20 to one.  Try and get
    42        the notes down in a form which is disclosable both to me
    43        and to those who represent McDonald's, in the form you have
    44        done with regard to Mr. Whittle and which you did with
    45        regard to Mr. Logan.  Photocopy them for -- is Mr. Riley
    46        here?
    47
    48   MR. RAMPTON:  My Lord, we are quite content for the Defendants
    49        to use our photocopier, if it helps.
    50 
    51   MR. JUSTICE BELL:  (Pause)  I will come back into court at 10 to 
    52        one to see how far we have got. 
    53
    54        You must not, whatever decision I make with regard to this
    55        witness, assume that I am going to do this with future
    56        witnesses when they come.  I am using this as something of
    57        a test occasion to try to get to grips with the practical
    58        problem.  That is what we will do.
    59
    60                          (Short Adjournment)