Day 173 - 16 Oct 95 - Page 02

     1                                      Monday, 16th October, 1995
     3   MR. MORRIS:  Just a couple of things before we get on to
     4        Mr. Mehigan.  There is a couple of supplementary
     5        statements.
     7   MR. JUSTICE BELL:  I have one in relation to Mr. Whittle.
     9   MR. MORRIS:  Did that come out clearly enough?
    11   MR. JUSTICE BELL: Yes, it did.
    13   MR. MORRIS:  The other one, I am not sure I faxed it through.
    14        It is basically a cover statement from Mr. Michael Soriano
    15        from Chicago, explaining why he sent the documents he sent
    16        and verifying them.
    18   MR. JUSTICE BELL: What shall I do with that?
    20   MR. MORRIS:  The Soriano one should go at the front, really, of
    21        his statements.
    23   MR. JUSTICE BELL:   But I cannot remember what I was supposed to
    24        do with those.
    26   MR. MORRIS:  They should be filed in our bundle of statements.
    27        I presumed they were.
    29   MR. JUSTICE BELL:  I have them in a bundle which has on top of
    30        it, in your handwriting, "Defendants' documents and
    31        statements served 25th September 1995".
    33   MR. MORRIS:  Right.
    35   MR. JUSTICE BELL:  That is to go in blue II, B18, is it?
    36        I see.  It is just that I have not put them away yet.  So
    37        what I will do is, I will put that statement -- unless
    38        Mr. Rampton has anything to say.
    40   MR. RAMPTON:  I have been handed over in the course of the last
    41        couple of minutes a number of new statements, which
    42        Mr. Morris seems to assume automatically form part of his
    43        case.  I have not taken objection and would not take
    44        objection to supplementary statements by people who already
    45        exist, but I certainly would want to think -- I have not
    46        done it yet, as I have not read them -- whether I take
    47        objection to the late service (as it obviously is), as it
    48        would be my case, the late service of additional witnesses
    49        simply on the basis that they are running out of time on
    50        employment.  We have nearly finished our case now on 
    51        employment, and I want to find out whether it provides us 
    52        with an opportunity to answer what is now said.  So I do 
    53        not mind where your Lordship puts them.  But Mr. Morris and
    54        Ms. Steel should not assume that just because they go into
    55        a blue bundle that means I accept that they form part of
    56        the case.
    58   MR. JUSTICE BELL: There was something I wanted to say about that
    59        before we started.  I will put Michael Soriano in front of
    60        his affidavit in due course, stow that away in pale blue

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