Day 236 - 17 04 96 - Page 10

 
 

                                                                  Day 236
 
 
 
 
 
     1        Having had him verify the visual material, and I think
     2        there is one document to which I will refer him and I will
     3        say what it is now, so that nobody is taken by surprise.
     4        It is number 78 in the first file of counterclaim
     5        documents.  It is a memorandum written by Mr. Carroll from
     6        Mr. Preston on the 18th October, 2 days after the
     7        demonstration in 1989.
     8
     9   MR. JUSTICE BELL:  That is counterclaim one, is it?
    10
    11   MR. RAMPTON:  It is counterclaim one, my Lord, tab 78.
    12
    13   MR. JUSTICE BELL:  I think what would help me most to decide
    14        what to -- I say decide what to do, but it seems to me we
    15        have got time there.  You propose to call those witnesses
    16        and it is a question of whether I should say in relation to
    17        either or both of them:  "No, not now".
    18
    19   MR. RAMPTON:  Exactly, my Lord, which is a matter for your
    20        Lordship.
    21
    22   MR. JUSTICE BELL:  That is the way round it.
    23
    24   MR. RAMPTON:  I am only making the proposal.  I do not mind
    25        when, from their point of view, they are called.  I am not
    26        urging they should be called, save in relation to saving
    27        time.
    28
    29   MR. JUSTICE BELL:  The way I would like to approach it, is what
    30        I have done is gone through Mr. Morris' letters or faxes
    31        and written in names in the appropriate dates.  What I
    32        would like to do is go through those witnesses and see if
    33        there is any further information with Ms. Steel or
    34        Mr. Morris and then come to the question of what, if any,
    35        evidence we should have this week.
    36
    37   MR. RAMPTON:  Very well.
    38
    39   MR. JUSTICE BELL:  Mr. Morris, I will address you because they
    40        were your letters and faxes.
    41
    42   MR. MORRIS:  Yes.  I will not do the application about the
    43        publication witnesses.  Helen can talk about that.
    44
    45   MR. JUSTICE BELL:  Let us come to that when I have a better feel
    46        of what is coming up in the future.  Is there anyone -- for
    47        a start, do you have a witness of yours to suggest for the
    48        rest of this week?
    49
    50   MR. MORRIS:  Originally we had scheduled Mr. Brett for tomorrow, 
    51        and then when Mr. Monroe got put back to today from 
    52        yesterday, if you know what I mean, because of the unwaged 
    53        centre case elsewhere, I had to move Mr. Brett because he
    54        could not do Friday.  Then when I got back to him, he could
    55        not do tomorrow, like he had originally said.  So I had to
    56        put him back to 15th May.
    57
    58        Mr. Olive was unavailable.  I cannot trace him because he
    59        is a student, I believe, and he is off somewhere.  We
    60        wracked our brains to try and find somebody else for this
 
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