Day 113 - 03 Apr 95 - Page 03


     
     1        she is going to be recalled, obviously, she is in a state
     2        of limbo so far as she is concerned, and she must not talk
     3        to anybody about the evidence.  She does not know how long
     4        that is going to continue for.  I think that if that is the
     5        case, then the Plaintiffs should have a deadline of
     6        something like 14 days or something where they should
     7        decide if they are going to recall otherwise it is unfair
     8        on the witness.
     9
    10   MR. JUSTICE BELL:  Yes, I can see some possible merit in that.
    11        I would not have thought there was any reason at the
    12        moment, unless Mr. Rampton is prepared to say so, I would
    13        not impose a limitation of necessarily 14 days.  Your point
    14        is that their decision should be made sooner rather than
    15        later?
    16
    17   MR. MORRIS:  Mainly for her benefit.
    18
    19   MR. JUSTICE BELL:  I can see some merit in that purely and
    20        simply from the point of view that a person likes to know
    21        where they stand.  How long will it take, Mr. Rampton?
    22
    23   MR. RAMPTON:  My Lord, I just do not know.  Of course, as your
    24        Lordship understands, it is not entirely in my hands.
    25        I have very, very little sympathy with the Defendants given
    26        that they are ------
    27
    28   MR. JUSTICE BELL:  I am not concerned with the Defendants.  I am
    29        concerned with the witness who is a perfectly ordinary
    30        citizen and ought to know sooner rather than later whether
    31        she has to come back or not.
    32
    33   MR. RAMPTON:  But with Easter approaching, it would simply be
    34        unrealistic to expect that I would be in a position to make
    35        a decision within anything like as short as 14 days.  Other
    36        people have to make their own decisions about the matter
    37        which does not lie within my power.  I have to wait to see
    38        what they say both in principle and in detail.  I quite
    39        honestly do not know that I would be in a position to do
    40        that within less than about 28 days anyway.
    41
    42   MR. JUSTICE BELL:  No.  I can see no good reason for a decision
    43        not being made within six weeks.
    44
    45   MR. RAMPTON:  That is helpful, my Lord, yes.
    46
    47   MR. JUSTICE BELL:  What I think is you should be able to say
    48        within four weeks of now whether you really need the whole
    49        of the six weeks or not.
    50 
    51   MR. RAMPTON:  Obviously, I will make a decision as soon as 
    52        I can.  Apart from anything else, we need to fit her in 
    53        somewhere.
    54
    55   MR. JUSTICE BELL:  I know, but that is another matter.  The
    56        question is when can she be told one way or the other.
    57        I have to say my attitude is this, that her original
    58        statement gave notice of certain matters of fact pertaining
    59        to Jarretts at the end of the day and, for whatever reason,
    60        no-one actually from Jarretts was called, an outsider was

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