Day 112 - 31 Mar 95 - Page 05

     
     1
     2   MR. JUSTICE BELL:  I suggest you wait and see.  Apart from
     3        anything else, if Mr. Rampton is going to call rebuttal
     4        evidence and, as I indicated at the moment, if he asked to
     5        do that and enumerates to me matters in Ms. Hovi's evidence
     6        of which he did not have notice, I would be minded to let
     7        him do that.  I have to say, I would be minded to let any
     8        party in this case call evidence in rebuttal within
     9        reasonable bounds, because the one thing I do not want is
    10        to cut out evidence which might be relevant on an issue,
    11        whoever wants to call it if it really might help me to a
    12        more reliable conclusion on a relevant question of fact.
    13        But, there we are; I suggest you wait and see.
    14
    15        If, in any event, we are going to have more evidence, then
    16        you may be encouraged to issue your subpoena; if we are
    17        not, you may want to leave it where you are.
    18
    19   MR. MORRIS:  Can I just say, there is one other document -- I do
    20        not know if you got it yesterday -- which was the dismissal
         note.
    22
    23   MR. JUSTICE BELL:  No, I purposely -- do you remember I said
    24         -- did not look at it.
    25
    26   MR. MORRIS:  No, it is actually part of that package, really,
    27        but because I did not hand it again up because there was
    28        something -----
    29
    30   MR. JUSTICE BELL:  There is no objection to me seeing it, is
    31        there, Mr. Rampton?
    32
    33   MR. RAMPTON:  None at all, my Lord.
    34
    35   MR. JUSTICE BELL:  I suggest I will just clip it.  If you hand
    36        it up, I will put it with these documents which I have
    37        already.  Have you a copy at the moment?  (Handed)
    38
    39   MR. JUSTICE BELL:  I am making the document you have handed up
    40        to me so far tab 20.  I will not hand down Phipson at the
         moment.  If at any stage you want to borrow it, it is there
    42        and Mr. Riley will lend it to you.
    43
    44   MR. MORRIS:  It may be we do not need it for the moment.
    45
    46   MR. JUSTICE BELL:  I appreciate that.  If you do want to look at
    47        it, ask Mr. Riley.
    48
    49   MR. RAMPTON:  My Lord, what I propose to do is, my Lord, is to
    50        take my cross-examination as far as I can on this statement 
    51        as served.  I will go as far as I possibly can on that. 
    52 
    53        There is one matter on which I have been able to take
    54        limited instructions overnight.  I will deal with that too,
    55        if I may.
    56
    57        Beyond that, I would appreciate being allowed to reserve my
    58        position (a) as to whether I wish to cross-examine further
    59        on the new matters raised yesterday when I have taken full
    60        instructions, and (b) whether I want to, with your