Day 051 - 14 Nov 94 - Page 02
1 Monday 14th November, 1994.
2
3 MS. STEEL: As you see, Ms. Dibb has come to court; she really
4 does not feel up to giving evidence.
5
6 MR. JUSTICE BELL: Does she not?
7
8 MS. STEEL: She still has to go through all the papers again
9 because of her notes being stolen and she is finding it
10 quite hard to concentrate. If you want to, you can speak
11 to her.
12
13 MR. JUSTICE BELL: No. If that is what she has told you, I
14 will accept it from you.
15
16 MR. RAMPTON: I accept that.
17
18 MR. JUSTICE BELL: Yes. We will call it a day. I am sorry,
19 Ms. Dibb, you have actually come to court to no avail.
20 Because of concern to press on, if we possibly could,
21 I thought it was worth a try in case you felt well enough
22 to give evidence today. It is quite wrong to put you under
23 any pressure to give evidence when you do not feel up to
24 it.
25
26 MR. RAMPTON: Since your Lordship is here in court, might I take
27 up a little bit of time in relation to the witness schedule
28 generally ---
29
30 MR. JUSTICE BELL: Yes.
31
32 MR. RAMPTON: -- and in view of Ms. Dibb's position? Can I deal
33 first of all with that? It is my recollection that the
34 Defendants told your Lordship on Thursday that Ms. Dibb
35 might be able to give evidence next Thursday and Friday.
36
37 MR. JUSTICE BELL: Thursday and Friday of next week?
38
39 MR. RAMPTON: 24th and 25th November. We have Mr. Mallinson
40 down for the 25th. We have made enquiries of his
41 secretary. He is out of the country at the moment and will
42 not be back until the beginning of that week, but she says
43 that he is down for Monday anyway and might be able to do
44 Wednesday 30th as well. It is a possibility -- I put it no
45 higher than that -- that your Lordship would be able to
46 hear Ms. Dibb on the 24th and 25th. We will keep in touch
47 with the Defendants. I know Ms. Dibb is going away this
48 Wednesday and not coming back until the following
49 Wednesday. If she can arrange a means to keep in touch
50 with them, we will keep in touch with them and tell them if
51 we manage to move Mr. Mallinson that those two days are
52 then clear.
53
54 MR. JUSTICE BELL: Yes. What you are raising is the possibility
55 (and it is no more than a possibility at the moment because
56 I have not asked the Defendants about it and you do not
57 know Mr. Mallinson's final position) though of Ms. Dibb
58 giving evidence on Thursday 24th and Friday 25th ---
59
60 MR. RAMPTON: That is right.
