Day 118 - 01 May 95 - Page 03
1 Mr. Morris said: "It probably would have been useful" --
2 page 29 -- "if we prepared some questions but we have not".
4 MR. JUSTICE BELL: I had understood that to mean that was in
5 relation to getting any further information before they
6 started the cross-examination proper.
8 MR. RAMPTON: My Lord, I respectfully beg to differ from that
9 and I will say why in a moment. On the question of
10 Mr. Beavers, your Lordship said at page 40: "Can we go
11 back to Mr. Beavers then?" Mr Morris: -- This is about the
12 estimate of the length of cross-examination -- "I have not
13 calculated that because I have not made any preparations
14 for Mr. Beavers".
16 Then, my Lord, in relation to these new documents which we
17 got this morning by post, Mr. Morris at page 42 said there
18 were some documents, indeed some more witness statements
19 I believe, some further employment witness statements.
20 Your Lordship said at line 50: "What about the documents
21 first of all? The most important thing is you get to
22 together, you copy any documents which you would like to
23 put to Mr. Nicholson in cross-examination" Mr. Morris:
24 "Yes." Your Lordship: "Are there many of those?"
25 Mr. Morris: "I do not know. I will have to check through
26 a pile. I have not got the employment ones separated from
27 the others at the moment, but there may be some". Then
28 your Lordship urged the Defendants to try to get the
29 documents to us by lunch-time on Friday; needless to say,
30 that did not happen.
32 My Lord, that indicates, to our way of thinking, if there
33 is a pile of documents unsorted on Thursday after a
34 three-week break that neither Mr. Morris nor Ms. Steel has
35 done anything to prepare for cross-examination of this
36 witness. If that does not involve any delay, any
37 inconvenience to the witness, any unnecessary use of court
38 time, why then, of course, I have no complaint. That is
39 the Defendants' funeral. If, on the other hand, it does
40 mean some kind of delay, whether because cross-examination
41 proceeds at a pace much slower than it would have done, if
42 there had been proper preparation or because there needs to
43 be adjournment or because Mr. Nicholson does not finish and
44 has to come back to court when otherwise he need not have
45 done, why then I register the strongest possible complaint
46 at what I can only describe as cavalier and inconsiderate
47 behaviour on the part of the Defendants.
49 Meanwhile, as I say, I submit these documents should remain
50 out of court, not in evidence until such time as
51 Mr. Nicholson and I have had a chance to consider them.
53 MS. STEEL: Mr. Morris has answered some of the things
54 Mr. Rampton said, but I want to say in respect of the visit
55 to Chicago we were invited over there and our fares were
56 paid by people over there in order that -- well, the visit
57 had several purposes.
59 MR. JUSTICE BELL: Keep your voice up.