Day 106 - 23 Mar 95 - Page 39
1 through some of his evidence.
2
3 MR. JUSTICE BELL: I think we should break off for a little
4 while now rather than go on. Taking it step by step, so
5 far as the report of visits is concerned, I think you
6 should of the time I make available ask Mr. North to look
7 through his 12th January 1995 report of visits again.
8 While he is just refreshing his memory of it which, for all
9 I know may be very fresh now, you should glance through it
10 again and be able to come back in at the end of the break
11 and put to him which parts you want averred so that is in
12 evidence in any event.
13
14 So far as the documents are concerned, I think you should
15 ask him whether any of the documents Mr. Rampton has drawn
16 to his attention can be used by him in his evidence in any
17 way and, if so, in what way. Also -- you seem particularly
18 to have McKey in your mind -- whether and, if so, what
19 other documents could usefully be seen if they are
20 available, remembering that you have had some indication in
21 the letters from Barlows as to what is available and what
22 is not available. It is no use saying: "I want discovery
23 of something" to which the answer will merely be the answer
24 in the letter, that it is not available.
25
26 (To the witness): Quite frankly, Mr. North, I would like
27 to get through this part of the case on the documentation
28 which we already have. If it is sufficient for your
29 purposes, so be it. If there is other documentation which
30 you think should in the normal course of procedures, as you
31 understand them to be at McKey's or anywhere else, from
32 what you either discovered on your inspection, or from what
33 you see in the documentation which has been referred to,
34 then tell Mr. Morris and Ms. Steel what it is.
35
36 There are then all sorts of questions which I would have to
37 answer if there was an application for discovery, but those
38 do not concern you. The service you can give to Ms. Steel
39 and Mr. Morris is to say, quite candidly, whether there is
40 anything else which can be of use. Mr. Morris thinks there
41 is -- that may or may not be right -- and I would be
42 grateful if you could help him on that.
43
44 I will come back at 3 o'clock so that can you give me a
45 weather report.
46
47 MR. MORRIS: Thank you.
48
49 (Short Adjournment)
50
51 MS. STEEL: The premises that you visited, what was your overall
52 impression of those premises with regard to specific, the
53 individual premises in -----
54 A. Taking it through the list in order, the Sun Valley, as
55 read, basically it is a difficult site. They had a fire
56 there some time ago. It was not purpose built. Therefore,
57 it has a certain rambling element to it; a very large site,
58 stuff spread all over the place, buildings all over the
59 place.
60
