Day 044 - 02 Nov 94 - Page 06
1 floating element.
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3 MR. JUSTICE BELL: One of the difficulties about that, depending
4 on how the argument goes -- and all I would say is that
5 I would not necessarily give my decision and reasons for it
6 immediately at the end of the argument on amendment.
7
8 MR. RAMPTON: I understand.
9
10 MR. JUSTICE BELL: It would not be more than a few days at the
11 most afterwards, but it would not necessarily be
12 immediately at the end of argument.
13
14 I think, probably, the recalling of Professor Crawford
15 ought to await on my reasons, whatever the decision is,
16 that it might not be a good idea, even if I gave my
17 decision immediately, to go on to call him before I gave my
18 reasons, whichever way the decision had gone.
19
20 MS. STEEL: Apart from what you said about maybe not giving a
21 judgment for a couple of days, obviously, we would want,
22 depending on what the outcome was, to consider our position
23 about whether we want to recall Professor Crawford as
24 well.
25
26 MR. JUSTICE BELL: He has got to come back one way or another --
27 I think that is the position -- in the light of what I said
28 about what ought to be put to him by way of scientific
29 papers in cross-examination. The question you have to
30 decide is whether you want to ask him more questions in
31 chief before Mr. Rampton cross-examines, or whether you are
32 content to wait for re-examination. If you are adducing
33 new evidence from him, you ought to do it by furthering
34 your examination in chief rather than introducing it in
35 re-examination; that is all.
36
37 MR. MORRIS: Him having to come back, does that depend on your
38 decision on the amendment?
39
40 MR. JUSTICE BELL: No, it does not depend on the decision on the
41 amendment. It depends upon my reaction to Mr. Rampton's
42 decision not to put scientific papers to him in
43 cross-examination on the basis that he could address me on
44 the contents of the scientific papers at the end of the
45 day. I will not go through it again but, for reasons which
46 I tried to give, I was unhappy about that. The
47 essence-----
48
49 MR. RAMPTON: So I changed my decision.
50
51 MR. JUSTICE BELL: So Mr. Rampton changed his decision. I was
52 unhappy at the prospect of Mr. Rampton raising argument in
53 relation to scientific papers which had not been put to
54 Professor Crawford, for example, because Professor Crawford
55 might have an answer to Mr. Rampton's comment which you
56 might not think of and I might not think of, and we would
57 not have Professor Crawford's evidence on it, anyway.
58 Mr. Rampton has decided, therefore, that he would like to
59 cross-examine Professor Crawford further.
60
