Day 091 - 17 Feb 95 - Page 03


     
     1        My Lord, I think the only other thing I need to mention at
     2        this stage is that presently we are hoping that Mr. Beavers
     3        will be able to come back on Monday, 10th April.  My Lord,
     4        of course, whether he is able to give evidence at that time
     5        depends on how long the Defendants' evidence on food
     6        poisoning and rearing and slaughter is likely to take.
     7
     8        At the moment there are two complete weeks, at least, and
     9        if Mr. Beavers does not come until Monday 10th, that would
    10        make three weeks available for their evidence, starting on
    11        Monday, 20th March and running right through until Friday,
    12        7th April, if needed.  If it went shorter than that, then
    13        of course the Defendants would have even more preparation
    14        time for employment which is due to start, I think, after
    15        Easter, 25th April.
    16
    17   MR. JUSTICE BELL:  Yes.
    18
    19   MR. RAMPTON:  My Lord, one other thing.  I will look for, with
    20        your Lordship's help, if I can get it, an opportunity to
    21        mention the vexed question of the Defendants' employment
    22        witnesses.  I do have a grave concern about that and I will
    23        not now, but will when I get the opportunity, explain to
    24        your Lordship how that arises.
    25
    26   MR. JUSTICE BELL:  Yes.
    27
    28   MR. MORRIS:  We would like to now know what the vexed point is
    29        by Mr. Rampton.
    30
    31   MR. JUSTICE BELL:  I do not want to embark on an argument, but
    32        let me ask, first of all, if we got on now rather than
    33        having any further discussion, do you think there is any
    34        realistic possibility of finishing the cross-examination of
    35        Dr. Pattison today?
    36
    37   MS. STEEL:  None at all, my Lord.
    38
    39   MR. JUSTICE BELL:  I am not surprised to hear that.  Let us
    40        continue for the moment then.  I think you should just say
    41        in couple of sentences what your application will be.
    42        Perhaps say that now and we can come back to it at some
    43        other time.
    44
    45   MR. RAMPTON:  It is very straightforward, my Lord.  There is a
    46        reason why we believe that the Defendants' assurances that
    47        they know they are going to call all their employment
    48        witnesses are false.  The reason we say that is that we
    49        know that, at any rate, one of those witnesses has refused
    50        to come court unless subpoenaed and has been told that she 
    51        will not be subpoenaed.  That is the first point. 
    52 
    53        The second point is this:  We have to organise our
    54        witnesseses to bring them to court in advance of the
    55        Defendants's witnesses.  That is the rule your Lordship has
    56        made and so far has adhered to.
    57
    58   MR JUSTICE BELL:  Yes.
    59
    60   MR RAMPTON: We are free, as a matter of law, to make our own

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