Day 149 - 06 Jul 95 - Page 02
1 Thursday, 6th July, 1995
2
3 MR. JUSTICE BELL: Could I just mention one thing which occurred
4 to me overnight? I may be wrong, but I do not think the
5 list of outstanding witnesses had Mr. Clark on it. If it
6 does not, am I to draw any significance from that or not?
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8 MR. MORRIS: No. We have not finally decided.
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10 MR. JUSTICE BELL: He should really go on as a potential
11 outstanding witness, then, should he not?
12
13 MS. STEEL: Yes, but I do not know whose side.
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15 MR. RAMPTON: My Lord, it is not our witness.
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17 MS. STEEL: They want to disclaim him.
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19 MR. RAMPTON: We have had Mr. North. We do not need Mr. Clark.
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21 MR. JUSTICE BELL: I put it to you because, if he is anyone's
22 witness from now on, he is yours, you see. What I am going
23 to do is write on my sheet: "query Mr. Clark".
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25 MR. MORRIS: There are two or three others who may be called.
26 I mean, for example, there was the thing about
27 Dr. Millstone, for example, where he did a further
28 statement about hyperactivity, and things like that.
29
30 MR. JUSTICE BELL: As far as I am concerned, that is a matter
31 entirely for you.
32
33 MR. MORRIS: Yes.
34
35 MR. JUSTICE BELL: I am not going to put him on the list,
36 because I am not expecting anything one way or the other.
37 It is just where I have a particular query in my mind,
38 which I did have over Mr. Clark, where there is some real
39 expectation that the person will come, they ought to be on
40 the list, I think. It is not a matter of form, because the
41 question of recall of anyone can be raised at any stage
42 during the trial.
43
44 The time will come when I will have to say that that is it,
45 so far as evidence is concerned, we are going to break off,
46 prepare for speeches; and it will be no use telephoning my
47 clerk or writing a letter in a week's time. But up until
48 that time comes, anyone at any stage can say, "I would like
49 to recall such and such a witness", and I will deal with
50 that on its merits, if it arises.
51
52 You still have some things to say about Mr. Bone and
53 Ms. Hovi. There are two matters I would like you to bear
54 in mind before you complete your submissions on this.
55 I would like you to tell me if you think you would suffer
56 any injustice if they both come back. I say that because
57 it may be a matter of some principle in the case, because
58 if I make a ruling in relation to Mr. Bone, someone at some
59 stage in the future, if a similar situation arises, may
60 refer me back to it and say: "Well, there is no difference
