Day 173 - 16 Oct 95 - Page 03
1 bundle II, I think it is, maybe one of the ones A, B, C;
2 I will look it up later.
3
4 What I did want to say is, I think we should deal-- sooner
5 rather than later but, in any event, after Mr. Mehigan has
6 given evidence -- with any question of leave to call
7 witnesses whose statements have been served recently,
8 particularly, for instance, Mr. Beech's statement as read.
9 I think it might be helpful if I say I would be minded to
10 give leave in relation to Mr. Beech, subject to any
11 objection -- unless you object to it, Mr. Rampton.
12
13 MR. RAMPTON: My Lord, my only objection could ever be, I think,
14 that I am not in a position to deal with it.
15
16 MR. JUSTICE BELL: I will hear anything you wish to say about
17 that when you have made enquiries. But I think we ought to
18 expressly deal with witness statements like that, so that
19 everybody one knows where they stand.
20
21 MR. MORRIS: We have not objected to the Plaintiffs not bringing
22 in their Canadian witness statements even though they have
23 finished virtually their whole case, or they have finished
24 their case, other than Mr. Mehigan. So I do not think they
25 should, in that spirit of co-operation, object to ours
26 before we have even started our case.
27
28 MR. JUSTICE BELL: Different arguments may apply to different
29 witnesses, but I am not drawing any conclusion one way or
30 other at the moment. You will remember, I am sure everyone
31 will remember, that a little time ago when -- I cannot
32 remember who had handed the statement in at the time, but
33 I said that it was not to be assumed that leave would be
34 given just because I had accepted the statement. I cannot
35 remember now whether it was one of your statements,
36 Mr. Morris, or a McDonald's one.
37
38 MR. MORRIS: Yes; and, also, the Plaintiffs did bring in a lot
39 of statements in in August, which is towards the end of
40 their -----
41
42 MR. JUSTICE BELL: What both sides should do is think about
43 whether they are actually going to object to a statement
44 which has been put in, for instance, on the ground that it
45 is now too late to go hunting for an antidote. But there
46 we are. I wanted to register it this morning, since I have
47 read Mr. Beech's statement over the weekend.
48
49 MR. RAMPTON: My Lord, Mr. Mehigan is here. Before I call
50 him -----
51
52 MS. STEEL: I do not know what Mr. Rampton is going to say, but
53 I was just going to say, firstly, we have only just been
54 given the copy of the statement to check when we came in
55 this morning, and I do believe that you did say previously,
56 when this was brought up, they should give us the statement
57 a number of days beforehand so that we could check them.
58 Secondly, a series of documents were served on us at 7.15
59 on Friday night, which was too late for us to send them to
60 Ireland to get copies of them -- sorry, to get copies to