Day 243 - 02 May 96 - Page 29

     
     1        that I took of the environment/index.html">litter in Wood Green that were put to
     2        Mr. Preston; that when I went down to the Kings Road branch
     3        of McDonald's and observed the fact that there were not any
     4        environment/index.html">litter patrols during the time I was there.
     5
     6   MR. JUSTICE BELL:  You need not tell me about all those now, but
     7        to collect them together and at least in headline form give
     8        some notice of it.  You have to give an estimate of how
     9        long each of you think you will be in-chief.  Then I can
    10        ask Mr. Rampton to give me some kind of bracket as to
    11        cross-examination.
    12
    13        The other comment I will make is one which I have made
    14        before.  It seems to have been assumed that you and
    15        Mr. Morris should give evidence last and I am, essentially,
    16        content with that; but I am not content that you should
    17        give evidence last at the cost of losing time because we do
    18        not have other witnesses to put in, and you and Mr. Morris
    19        have been given the impression that you will not be asked
    20        whether you want to go into the witness box now because you
         have been scheduled last.  I have said something to this
    22        effect before.
    23
    24        Normally, when one gets to the case of an individual party,
    25        the individual party gives evidence first and then the
    26        witnesses in support of their case are called.  That is not
    27        always so and it is not necessarily so.  But if, for
    28        instance, what we have left as we approach the end of the
    29        week which ends on Friday, 21st June, is you and your
    30        publication witnesses; as far as I am concerned, you and
    31        your publication witnesses can give evidence in any order
    32        at all.
    33
    34        I hope it does not happen, but what I do not want to find
    35        is that I am asked not to sit on days because a particular
    36        publication witness is not available, and you are
    37        saying, "We do not expect to give evidence until last".  It
    38        is not something to worry about at the moment.  Hopefully,
    39        like most things, it will sort itself out, but I do not
    40        want you to be under an illusion that it is your right, as
         it were, to give evidence last of all in the case.
    42
    43        When we come to that part of the case, although it may be
    44        an attitude which it is difficult for you to adopt, as far
    45        as I am concerned, you are witnesses in the case like any
    46        other witness.  Do you understand?.
    47
    48   MS. STEEL:  Yes.  The thing about legal submissions which are
    49        down for the week of the 8th.  Are they now in writing?
    50 
    51   MR. JUSTICE BELL:  No, I am going to cross that out because what 
    52        I suggested to Mr. Rampton was that if he wanted, or 
    53        thought it useful, to make legal submissions, they should
    54        be reduced to writing and produced to you in writing and
    55        produced to me in writing.  If after the evidence has been
    56        completed, they need any argument before we come back to
    57        start speeches proper, then that might be possible to
    58        arrange that.  But I do not at the moment see the need for
    59        formal legal submissions immediately the evidence has been
    60        completed.