Day 048 - 08 Nov 94 - Page 05

     
     1        witnesses.  I know that Mr. Hawkes has come back but,
     2        effectively, we had to restart.  In fact, in some ways, it
     3        is harder to start a witness when he has been split up,
     4        because then we have to go back and remember everything we
     5        have put before so as not repeat ourselves, and check
     6        through the transcripts; and that is the same for Mr. Miles
     7        when he comes back on Thursday.
     8
     9        We did feel that there is, creeping in from the Plaintiffs'
    10        side, a concerted effort to increase the pressure on us.
    11        To be honest, there is only a certain amount of pressure
    12        that we can cope with above and beyond, you know, what the
    13        practice so far in the trial is.
    14
    15        So if the Plaintiffs are going to continue -- I mean, for
    16        example, we stopped the questioning of Mr. Hawkes in order
    17        to be cooperative about their witness Mr. Green, so that he
    18        could get back to America, which was successful; and I do
    19        feel that it would be helpful in this case overall if a
    20        cooperative spirit did exist.  That is basically it,
         really.
    22
    23   MR. JUSTICE BELL:  Everyone should feel under some pressure as
    24        to time in the case.  There are three points of interest in
    25        this case:  there is your interest as Defendants; there is
    26        the Plaintiffs' interests as Plaintiffs; there is also the
    27        public interest in bringing litigation to a conclusion as
    28        quickly as possible and with as little public expense as
    29        possible because, whoever pays the costs inter-parties, the
    30        country bears a very considerable burden for every day we
    31        spend in court.  Those interests should never outweigh
    32        there being a fair trial.
    33
    34        So far as time this week is concerned, I would like to
    35        finish all the witnesses, if we can, this week on
    36        advertising.  Personally, I think we should be able to do
    37        so.  I say that, having read all the statements and given
    38        some thought to what is in the leaflet and the way the case
    39        is pleaded at the moment.  I think it should be possible.
    40        If it turns out not to be possible, we will run into the
         beginning of next week, and then we will take stock as to
    42        how much time you need before we move on.
    43
    44        I am not saying what the decision will be.  I do not know.
    45        I would rather wait and see how we do.  If you felt
    46        pressure from the other side, that may be the consequence
    47        of the adversarial system which we have, but ultimately you
    48        can always appeal to me and say, "We actually need more
    49        time", and I hope I have not been unsympathetic to your
    50        position when I have decided how much time you should have. 
    51 
    52   MR. RAMPTON:  My Lord, may I say something?  There is, embedded 
    53        in what Mr. Morris has said, I think, a suggestion that we
    54        are exploiting our position tactically, so as to put
    55        pressure on the Defendants.  I hope your Lordship will give
    56        that as little weight as it deserves.  It is an atrocious
    57        suggestion which is entirely unwarranted.  I will say this,
    58        that we owe no obligation to the Defendants whatsoever.  As
    59        your Lordship says, this is the adversarial system.
    60