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.

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