Day 048 - 08 Nov 94 - Page 62

     
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     2   MR. MORRIS: Could we take the rest of the Michael Hayden
     3        statement is not in evidence?
     4
     5   MR. JUSTICE BELL: No.  It is only in the things that's been
     6        specifically brought in.
     7
     8   MR. MORRIS: Right.
     9
    10   MR. JUSTICE BELL: Yes.  Well, if no one has any further
    11        questions at this time -- thank you, Mr. Hawkes.
    12
    13   MR. RAMPTON: I want to raise again, if I may, the matter of Your
    14        Lordship -- .
    15
    16   MR. JUSTICE BELL: Can we talk about that because you remember it
    17        is important from the general aspect that people can be
    18        stood down and we know whether we have got more time
    19        available. There was also the aspect which might or might
    20        not still apply as to whether that would be an appropriate
         time to ask Professor Crawford if he could come back to
    22        court. Do you know what your position is?
    23
    24   MR. MORRIS: Well, no.  We didn't really have more than a couple
    25        of minutes to look at his statement which is quite a
    26        detailed statement.
    27
    28   MR. JUSTICE BELL: Well look, I think you must try, you must do
    29        your best to decide before the end of the week and the
    30        question is really whether you propose to adduce evidence,
    31        whether it be from Miss Carroll, whom you said you do not
    32        now propose to call or anyone else who would give evidence
    33        suggesting that there is an adverse affect in environmental
    34        terms from the actual processing of pulp. That is,
    35        separating it from, first of all, the need if any, to chop
    36        down trees in order to start the pulp processor or arising
    37        from any waste element once you have made paper or
    38        cardboard products out of the pulp, and chlorine was a
    39        particular factor of that. But the point is, if you do not
    40        propose to call a witness to speak to any adverse affects
         of the actual pulp processing, then Mr. Rampton has
    42        indicated he would not be minded to call one of his
    43        witnesses who deals with that point among others.
    44
    45   MR. RAMPTON: That is right. My evidence on this part of the case
    46        is given by way of anterior rebuttal - an ugly phrase, but
    47        I think it is clear enough. If the defendants are not going
    48        to try and sustain that part of their case, it's not a
    49        pleaded part.
    50 
    51   MR. JUSTICE BELL: But I have identified the aspects correctly. 
    52 
    53   MR. RAMPTON: Your Lordship has and it is more difficult.  I
    54        mean, there is two aspects to it. Not only do not I want to
    55        inconvenience Mr. Bateman, I am certainly not going to call
    56        him just because the defendants think they might like to
    57        cross examine him, I am certainly not going to do that.
    58        They have got to state clearly whether they are making a
    59        positive case and if so, how. If they are not, then I shall
    60        not call him.  If I don't have to call him then, of course,