Day 285 - 23 Oct 96 - Page 03


     
     1        order, and I did not last night have any time to prepare,
     2        for domestic reasons, and that is all.  But I will do my
     3        best.
     4
     5   MR. JUSTICE BELL:  I am sorry, it is pointless to have an
     6        argument over it.  You have said that several times and I
     7        am afraid I just do not accept it.  I do not accept that
     8        you are exhausted and I do not accept that you have not
     9        had time to prepare.
    10
    11   MR. MORRIS:   It is a fact.  I am prepared to go into the
    12        witness box.
    13
    14   MR. JUSTICE BELL:   There is no point keeping saying it.  I am
    15        not impressed by it.  But it does not matter whether I am
    16        impressed by it or not, you must do your best and you must
    17        try and help me by giving references.
    18
    19   MS. STEEL:   We are trying, but it is the reality of the
    20        situation that we are both exhausted.  We are completely
    21        overwhelmed by the amount of paperwork in this case.
    22
    23   MR. JUSTICE BELL:   Quite frankly, if you had used something
    24        like two of the three months I gave you to begin working
    25        through this case, you would certainly have been highly
    26        organised with regard to damage to the environment.  It
    27        might have been, if there is truth in what you say, that
    28        as you went on through the case you would be less well
    29        prepared, but I cannot understand why, starting off with
    30        the very first topics you have to address me, in the first
    31        few days of six weeks, after a three month gap through the
    32        summer, you can keep saying 'I am not prepared'.
    33
    34   MR. MORRIS:   Well, I appreciate that you cannot understand it,
    35        but it is just a fact, and, you know, we are just carrying
    36        on the best we can.
    37
    38   MR. JUSTICE BELL:   You have got the six weeks to do your
    39        submissions.  You must press on and do your best during
    40        that period of time.  If you can possibly give me
    41        references to bundles, you must do that.  I am sure you
    42        want my decision as soon as possible when you end your
    43        submissions and Mr. Rampton has given his.  I am afraid
    44        all the parties are going to have to wait some time while
    45        I write them.  It is just longer still if I have to find
    46        all the references for myself, either then or working
    47        overnight or at weekends on it during your submissions.
    48        So carry on now and bear in mind that in trying to assist
    49        me you are trying to assist yourselves.
    50
    51   MR. MORRIS:   Well, I did deliberately look out the references
    52        you asked for yesterday and Jim Nations' statement -- 
    53        sorry, his article which he verified in a Civil
    54        Evidence Act notice that he stood by, on page 18 of his
    55        article as printed in the magazine 'Environment' April
    56        1983, because there were a number of different versions,
    57        I think, that have been looked at at some time or other,
    58        do exist in the file somewhere, but that one should be
    59        behind his statement.
    60

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