Day 048 - 08 Nov 94 - Page 63
1 it may be that Professor Crawford can replace him, in which
2 case I have to prepare to cross examine, in which case it
3 is quite important they make their minds up. I did raise
4 it, I think the early part of last week, certainly last
5 week.
6
7 MR. JUSTICE BELL: I do appreciate you may well have been
8 thinking about other matters but it seems to me reasonable
9 that you should make a decision in relation to that and
10 then we can act accordingly so far as the schedule is
11 concerned.
12
13 MR. MORRIS: We will try and make the decision on that by the end
14 of the week, I mean as soon a possible. We are a bit busy
15 at the moment to get advice about that, but in any
16 event----
17
18 MR. JUSTICE BELL: I mean one aspect is to apply your mind, if
19 you are not calling Miss Carroll, whether there is anyone
20 else who you think is going to speak to it.
21
22 MR. MORRIS: We are not calling Miss Carroll because we did not
23 want to put her evidence, it is because she did not
24 personally feel she was able to give evidence.
25
26 MR. JUSTICE BELL: It does not concern me why you are not calling
27 Miss Carroll. Since you are not calling Miss Carroll and
28 since that aspect does not appear in the statements, if I
29 remember correctly, of any of your other witnesses, what
30 one is asking is are you going to lead one of your other
31 witnesses to that aspect or not. If so, who, and in what
32 terms, but the first question is whether you are going to
33 lead anyone to that aspect or not? Because if you are not,
34 it is one less thing to think about in a case which has
35 very many things to think about. That is all.
36
37 MR. MORRIS: Yes, and in any event, even if we were to say that
38 we didn't wish to cross examine Mr. Bateman or he did not
39 need to be called or whatever, I don't know if we will be
40 ready to cross examine Professor Crawford by the middle of
41 that week in his place because for starts, I don't know
42 whether we will be prepared for the kind of serious
43 argument that is going to be needed not only on the
44 amendment of the Statement of Claim but in the other legal
45 matters that need to be addressed.
46
47 MR. JUSTICE BELL: I think you are putting-- --
48
49 MR. RAMPTON: He is in a muddle.
50
51 MR. JUSTICE BELL: The fact is, you finished your examination in
52 chief of Professor Crawford. I indicated to you that if
53 there was anything further you actually wanted to ask I
54 would not shut you out, but when he left the witness box he
55 had been examined fully in chief by you and cross-examined
56 to some extent by Mr. Rampton. So there is not any question
57 of you going back to ask him more questions. Mr. Rampton
58 will cross-examine on the articles as a result of the
59 interchange we had some time ago and then you will
60 re-examine to such extent as you wish.
