Day 216 - 06 02 96 - Page 48


 
 

                                                                  DAY 216
 
                                             KEVIN HARRISON, Re-examined:
 
 
 
     1        there would be.
     2
     3   MR. JUSTICE BELL:  Yes.  By the time you come back, although it
     4        is not as important, if you can do your best to get on with
     5        your check on which outstanding Civil Evidence Act
     6        witnesses there are to be read.  But, in a sense, that can
     7        be left -- none of the reading of the Civil Evidence Act
     8        witnesses affects who you might call or not, does it?
     9
    10   MR. RAMPTON:  No, no, it does not, nor does it affect when other
    11        witnesses are called.  The reading of those notices is
    12        tiresome and boring.
    13
    14   MR. JUSTICE BELL:  Perhaps there is no need for me to put any
    15        pressure on you to do that, save that it is in your own
    16        interests to get it straight so that there are not any
    17        loose ends at the end of the evidence.
    18
    19   MR. RAMPTON:  My Lord, can I say some things about this list of
    20        witnesses?  First of all, I greatly deplore Mr. Morris
    21        thinking he can play Perry Mason with Mr. Dunbar and
    22        whatever restaurant Mr. Dunbar (or Ms. Dunbar, as it may
    23        have been) was at.  We are coming to a time when, if
    24        Mr. Morris sits on Mr. Dunbar for very much longer without
    25        telling us what restaurant he came from or what his
    26        allegations are even in outline, I shall invite
    27        your Lordship to say that he should not give evidence at
    28        all.  Apparently, Mr. Morris has known what the restaurant
    29        is, so I have understood, since before Christmas; and we
    30        still do not know what restaurant it is.
    31
    32        I say that for this reason, that what one sees what
    33        happens.  When Mr. Beech arrived -- and there is no
    34        criticism here -- in the middle of the case, that opens up
    35        a Pandora's box, from the court's point of view, in the
    36        sense that it then has to hear evidence, and there may be a
    37        lot more documentation that your Lordship has to consider.
    38        If Mr. Dunbar is a similar case, then we need to know now,
    39        not when Mr. Morris decides that he is going to lift the
    40        lid on his little surprise.
    41
    42        If I sound sarcastic, I mean to, because I do not think it
    43        is a proper way, if I may say so, to proceed.
    44
    45   MR. MORRIS:  Actually, you know, it did come up before, and
    46        I was invited not to say the name of the restaurant.
    47
    48   MR. JUSTICE BELL:  No.  What you must appreciate is that the
    49        longer it is left, the greater risk at the end of the day
    50        that I will throw my hands up in despair and say: "No, I am 
    51        not going to hear that evidence."  So you must, in your own 
    52        interests, get on with making a decision about it. 
    53
    54   MR. MORRIS:  I have not actually got the statement in my hand,
    55        so it is -----
    56
    57   MR. JUSTICE BELL:  You must get on with getting a statement and
    58        making a decision.
    59
    60   MR. MORRIS:  Can I just say that I will phone the Plaintiffs
 
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