Day 043 - 01 Nov 94 - Page 02

     1                                     Tuesday, 1st November, 1994.
     3   MR. RAMPTON:  My Lord, before we continue this morning, I wonder
     4        if I might raise a question about the desirability of
     5        Mr. Hawkes continuing his evidence at the moment?  There
     6        are administrative problems, one of which is that
     7        Mr. Hawkes has an important meeting at 12 o'clock today,
     8        which he would rather not miss.  The other is that I do not
     9        want to run any risk at all that Mr. Green, who has been
    10        here since the weekend, should not finish his evidence this
    11        week.  He is in court now and ready to give evidence.
    13        The other question is one more of substance.  Having looked
    14        at those documents which were handed to us at four o'clock
    15        yesterday evening in court, I find that they contain a good
    16        deal that is plainly inadmissible: expressions of opinion
    17        by this person or that.  More importantly, they have a
    18        factual background which I should wish to have the
    19        opportunity to investigate, if necessary, as I would have
    20        done if they had been served at the proper time, and to ask
    21        Mr. Hawkes in evidence-in-chief, as a consequence of those
    22        factual investigations.
    24        That being so, my suggestion is that the convenient
    25        course -- of course it is a matter for your Lordship --
    26        would be to release Mr. Hawkes for the time being, to come
    27        back as soon as possible at a convenient moment, and to
    28        start clean with Mr. Green this morning.
    30   MR. JUSTICE BELL:  Yes.  What time does Mr. Hawkes have to leave
    31        for his meeting?  It is a 12 o'clock meeting, is it?
    33   MR. RAMPTON:   (To the witness)  It is where?
    35   MR. JUSTICE BELL:  A not very long taxi ride away; is that
    36        right?  Where have you got to go to, Mr. Hawkes?
    38   THE WITNESS:  It is St. James's Square.
    40   MR. JUSTICE BELL:  We could probably go on till about quarter
    41        past 11, then, could we not?
    43   MR. RAMPTON:  Yes, my Lord, but I would not assent to
    44        cross-examination on the basis of those documents at the
    45        moment, because Mr. Hawkes is in no position to deal with
    46        them presently; he has not had that opportunity.
    48   MR. MORRIS:  On the subject of the documents, virtually every
    49        witness that I can think of in this case, they have been
    50        served documents at the last minute, on both sides, either 
    51        the day before or the morning.  Mr. Rampton just seems to 
    52        be upping the stakes every time to put pressure on us, 
    53        without the massive back-up which he has, to achieve the
    54        impossible.  We were asked to serve them last night.  The
    55        witness has seen them, and the documents that are relevant
    56        to Mr. Green that have not yet been served -- I have got
    57        copies here for the court -- because he was due to start
    58        tomorrow.  As far as I know, Mr. Hawkes was given the
    59        documents last night.

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