Day 194 - 01 Dec 95 - Page 21

     
     1        1991, when Mr. Coton was in place as Manager and Mr. Davis
     2        was his Supervisor.
     3
     4        It would be our intention to seek the leave of
     5        your Lordship -- and, unlike Mr. Morris, I do not simply
     6        announce that witnesses are going to be called -- to call
     7        witnesses to deal with that period when Mr. Coton was the
     8        Manager.  I do not know at the moment how many witnesses
     9        there will be; I hope it will not be very many.  It may be
    10        necessary to seek leave to recall Mr. Davis, who was not of
    11        course asked about his time as Supervisor of Mr. Coton.
    12
    13        It would also be our intention to call evidence, if we can,
    14        from people who were working in the store as subordinates
    15        to Mr. Coton, the Manager.
    16
    17        My Lord, I could not say that I mind when Mr. Coton is
    18        called.  I do not mind whether he comes on Wednesday or
    19        whether he comes in the New Year.  The important submission
    20        I have to make is that if the Defendants are given leave to
         call Mr. Coton, then it should be on the basis that I am
    22        given an opportunity to deal with the new allegations which
    23        he makes -- of which, I quite accept, I now have (and have
    24        had since Tuesday this week) sufficient particulars to
    25        enable me to deal with them.
    26
    27        I can deal with them in two ways, and I would like to deal
    28        with them in both ways.  One is by cross-examination of
    29        Mr. Coton, and the other is by calling additional witnesses
    30        of my own to deal with that period before he was the
    31        Manager.
    32
    33        I formally ask your Lordship, therefore, for leave to call
    34        such witnesses.  Obviously, it would have to be
    35        provisional, because your Lordship would have to look and
    36        see what it was intended the witnesses were going to say.
    37        We would hope to have those statements ready for service as
    38        soon as possible.  Given that we have only had three
    39        days -- two days, sorry; I do not mind whether it is two
    40        and a half or three -- in which to get the thing together,
         we do not believe that we can be expected to be ready to
    42        serve such witness statements before the end of this week.
    43        It might be that we would be in a position to serve one or
    44        to in the early part of next week.  It might also be (and
    45        I quite accept this) that that would not give Mr. Coton
    46        sufficient time to reflect upon what was said in those
    47        witness statements before he gives evidence.
    48
    49        My Lord, really, I put it quite bluntly.  If Mr. Coton is
    50        to be allowed to come and make these allegations at this 
    51        time in the case, then, my Lord, in justice, I must be 
    52        allowed to answer them. 
    53
    54   MR. MORRIS:  Our understanding is that Mr. Coton has had leave.
    55        He has been on the schedule for some time.
    56
    57   MR. JUSTICE BELL:  You have not actually applied for leave.  You
    58        need not worry about it because I propose to give it to
    59        you, but there is an advantage in being punctilious about
    60        the formalities, if only so that there are not