Day 085 - 08 Feb 95 - Page 03


     
     1        I am not happy that in so far as the cross-examination of
     2        Mr. Bowes is divided up at all between Ms. Steel and
     3        Mr. Morris it should continue in her absence.
     4
     5   MR. RAMPTON:  My Lord, may I reserve my position on that?  I am
     6        not necessarily dissenting from what your Lordship says.
     7        In any case I am subject to whatever course your Lordship
     8        decides to take.  I have a reservation about it.  It arises
     9        out of the suspicion I have -- I put it no higher than that
    10         -- about this particular funeral.  I am not disputing that
    11        the person concerned, if it is who I think it is, is a
    12        friend of Ms. Steel in any way at all.  But I do want to
    13        reserve my position about that.  I would invite your
    14        Lordship not to make a decision about it at the moment, but
    15        to see how we get on on Monday, how much is left at the end
    16        of Monday.  I am not saying Ms. Steel should be persuaded
    17        to remain here on Tuesday or anything like that.  I do not
    18        believe your Lordship has the power to do that anyway.
    19
    20   MR. JUSTICE BELL:  I have an idea what the funeral might be.
    21        I did not even ask Ms. Steel to say that it was a friend
    22        but she has said that.  In no way am I going to ask her any
    23        further questions about it.  That is quite enough for me,
    24        that she wishes to attend the funeral of a friend.  That is
    25        the end of it, as far as I am concerned.
    26
    27        The next question is that if the witness who will be giving
    28        evidence on that day is a witness who is giving evidence on
    29        a topic with which she has a particular concern, I do not
    30        think we should go ahead with that witness' evidence on the
    31        day.  If there is something else which can be done on the
    32        day and, obviously, particularly if Ms. Steel agrees it
    33        should be done in her absence on the day, well and good,
    34        but that is another consideration which has not reared its
    35        head at the moment.
    36
    37   MR. RAMPTON:  All I had in mind was this -- it is not an
    38        invitation for Ms. Steel to expand upon cross-examination
    39        but, rather, on the contrary, to make it as economical,
    40        which is often more effective anyway as she can -- if it
    41        happened by 4.15 or even 4.30 on Monday Mr. Bowes was very
    42        nearly finished -- as your Lordship will observe, I hardly
    43        ask any questions, if any at all, in re-examination -- then
    44        I would simply like to reserve my position in case I have a
    45        submission to make about what I would invite your Lordship
    46        to do.
    47
    48   MR. JUSTICE BELL:  I will certainly keep the door open to that
    49        extent.  If that were the position, for all I know
    50        Ms. Steel would say:  "Well, I am happy it should be 
    51        completed in my absence", I just do not know.  But save for 
    52        that very small rider ..... 
    53
    54   MR. RAMPTON:  My Lord, several possibilities occur.  Your
    55        Lordship might be inclined to sit a little late that day to
    56        finish Mr. Bowes.  Alternatively -- I do not know what time
    57        funeral is to be -- maybe sit earlier on the Tuesday
    58        morning and finish him and then Ms. Steel can go.  What
    59        I am concerned about, obviously, is that it should not
    60        happen yet again -- I am not saying it is anybody's fault

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