Day 217 - 09 02 96 - Page 38


 
 

                                                                  DAY 217
 
 
 
 
 
     1   MR. JUSTICE BELL:  You can imagine what the grounds were: merely
     2        that we are getting on through the evidence in the case,
     3        that there is a question of recall of witnesses.  So that
     4        is just for your information.
     5
     6   MS. STEEL:   To the Registrar of the Court of Appeal?
     7
     8   MR. JUSTICE BELL:  Mr. Adams, the Registrar of the Court of
     9        Appeal.  If you care, when you do serve a notice of appeal,
    10        to say that you understand that I wrote to the Registrar
    11        about expedition, then that might help.
    12
    13   MS. STEEL:   Thank you.
    14
    15   MR. JUSTICE BELL:  Let us see how we get on, Mr. Rampton.  At
    16        ten to three, we will see what we have to do.
    17
    18   MR. RAMPTON:  My Lord, I do not think there is any possibility
    19        that I will finish by ten to three.  I do believe there is
    20        every likelihood that I shall finish by quarter past four.
    21
    22   MR. JUSTICE BELL:  What do you want to do in those
    23        circumstances, Mr. Morris?
    24
    25   MR. MORRIS:  I think in those circumstances it is probably
    26        better to finish the evidence today, and I will just rely
    27        on Ms. Steel to let me know what happens.
    28
    29   MR. JUSTICE BELL:  Very well.  Tell me when you are about to go,
    30        and we will take our five-minute break then.  That will
    31        mean that we will resume with Mr. Cesca on the morning of
    32        Thursday the 22nd.
    33
    34   MR. RAMPTON:  Yes.  My Lord, there is one matter touching on
    35        that.  Your Lordship said to me the other day (which
    36        I accepted with gratitude, even) that if I was going to
    37        make objection to the evidence of some of the Defendants'
    38        environmental witnesses, I should put something in
    39        writing.  I will do that.
    40
    41   MR. JUSTICE BELL:   I invited you to do that, because I thought
    42        it would be helpful.
    43
    44   MR. RAMPTON:  There ought to be time for it to be argued,
    45        because I do think I have submission to make on the
    46        authorities and on the facts of the case, and a time ought
    47        to be found for that at some stage before the Defendants
    48        recall their environmental witnesses.
    49
    50   MR. JUSTICE BELL:  We will wait and see what comes, Mr. Rampton. 
    51 
    52   MR. MORRIS:  Can I say that we intend to do a discovery 
    53        application regarding the rainforest matters.  So I would
    54        agree with Mr. Rampton maybe there needs to be a morning
    55        set aside or something.
    56
    57   MR. JUSTICE BELL:  All I will say now is, if you are going to
    58        have Monday, Tuesday and Wednesday out of court, even
    59        allowing for the fact that you have to spend some of that
    60        time paying attention to your notice of appeal and getting
 
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