Day 099 - 08 Mar 95 - Page 06

     
     1
     2   MS. STEEL:   On the subject of the catcher, I have started
     3        working on preparing a statement and I am going to try to
     4        finish it tonight.
     5
     6   MR. JUSTICE BELL:  If you can finish it tonight and serve it
     7        tomorrow, well and good.  If you are running into trouble
     8        over time tonight, what I suggest, if only in your
     9        handwriting, which is perfectly legible, on a sheet of
    10        paper write the name of the catcher and the essence of the
    11        matters which you expect him to give in evidence, i.e. the
    12        reason really you are calling him.
    13
    14   MS. STEEL:   Will it be OK to serve it without it being signed?
    15
    16   MR. JUSTICE BELL:  Yes.
    17
    18   MR. RAMPTON:  My Lord, yes.  It is only that I do not want to be
    19        put in the position or put your Lordship in the position of
    20        having to recall somebody from Sun Valley to deal with it
         after Dr. Pattison has gone.
    22
    23   MR. JUSTICE BELL:  The statement need not be signed.  If you
    24        write at the top "Mr. So-and-so will say", everyone will
    25        treat -- I think in America they call them "will says", you
    26        said that, I think -- no-one is going to take a point that
    27        you said "will say" and he did not, if he did not come up
    28        to proof on some point.  If you do not have time to do
    29        that, just sit down and say:  "Now, the whole point of
    30        serving this statement anyway is to give the other side
    31        notice of what the witness is going to say, so how can
    32        I just give them notice of what the gentleman is going to
    33        deal with?"
    34
    35   MR. RAMPTON:  My Lord, I would add -- I think I have said before
    36         -- it would be very helpful if we could have at any rate
    37        an indication of the dates he was working at Sun Valley.
    38
    39   MR. JUSTICE BELL:  Yes, if you can do that, do so.  If you can
    40        give an indication, among other things, of when he worked
         at Sun Valley, do so.
    42
    43   MS. STEEL:  Yes, OK.
    44
    45   MR. JUSTICE BELL:  If it was a particular unit he is going talk
    46        about, if you can identify that, so much the better or
    47        particular units.  If you cannot, just do your best on the
    48        information you have.
    49
    50   MR. RAMPTON:  My Lord, with that, may I call Mr. Kenny? 
    51 
    52                        MR. KEITH KENNY, sworn 
    53                       Examined by Mr. Rampton.
    54
    55   Q.   Mr. Kenny, are your full names Keith Kenny?
    56        A.  That is correct.
    57
    58   Q.   Do you give your address as McDonald's headquarters in East
    59        Finchley, London?
    60        A.  Yes, I do.