Day 050 - 10 Nov 94 - Page 42


     
     1        certain period of time.  Do you already have someone in
     2        mind?
     3
     4   MR. MORRIS:  Not any specific person.
     5
     6   MR. JUSTICE BELL:  The fact is when it comes to it you may or
     7        may not find someone to give that evidence.  I mean, you
     8        cannot know yet  ---
     9
    10   MR. MORRIS:  No, I cannot yet.
    11
    12   MR. JUSTICE BELL:  -- because you have not made your enquiries.
    13        Yes, thank you.  Yes, Mr. Rampton?
    14
    15   MR. RAMPTON:  My Lord, one knows -- I know from personal
    16        experience -- how distressing something like that is, true,
    17        I am male and Miss Dibb is not, but even so.  At the same
    18        time for many people, particularly the younger age like
    19        Miss Dibb, the rate of recovery is sometimes -- I am
    20        talking now about the emotional and psychological effect
    21        because I take it that there has been no injury; I have not
    22        heard it suggested that there has been -- quite often
    23        surprising quick.
    24
    25        I would much prefer it, if it was convenient to your
    26        Lordship and your Lordship thought it right to do it, that
    27        Miss Dibb should be persuaded to come to court on Monday
    28        morning.  If she still feels shaky -- I have no wish to
    29        cross-examine a witness who is not in command of her
    30        evidence and herself -- then we should all go away.  But,
    31        if there is any reasonable chance that she is fit to give
    32        evidence, then I would much prefer to take it, for this
    33        reason in part, at least, in addition to the things I said
    34        this morning, that I have Mr. Mallinson fixed for Friday of
    35        the week following.  I have shifted him, well, I do not
    36        know, it must be three or four times already.  I really do
    37        not want to displace him in favour of Miss Dibb, if it can
    38        possibly be avoided.  I do not know that I heard when it
    39        was that Miss Dibb was going on holiday, but I have assumed
    40        it would be Wednesday, 16th.
    41
    42   MR. JUSTICE BELL:  Is it from Wednesday of next week to
    43        Wednesday of the week after?
    44
    45   MR. MORRIS:  Yes.
    46
    47   MR. RAMPTON:  That is what I had assumed.  As to Mr. Bateman,
    48        I now propose to stand him down until, if ever, I get a
    49        statement from the Defendants showing what their new
    50        witness, if there is one, is going to say.  So, that means 
    51        that Wednesday and Thursday of the week following will be 
    52        blank, unless we can get someone to fill in.  I quite agree 
    53        with the suggestion that we should have the argument on the
    54        amendment, other things being equal, on Monday, 21st.
    55
    56        As to preparation time, as I say, it looks now as though
    57        Wednesday and Thursday of the week beginning 21st will be
    58        blank, tomorrow will be blank and most of this afternoon
    59        will be blank.  So, the Defendants have lost nothing if it
    60        were the case that Miss Dibb were fit to give evidence on

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