Secondly -- yes. Secondly, when I look at Rule 73 bis (B) and the matters that have to be considered, they include, at subrule (iii) "a statement of contested matters of fact and law," a list of witnesses is at (iv), "admissions by the parties and a statement of other matters not in dispute."
Now, we're not getting anywhere with those, and you've given me reasons why we're not getting anywhere with them, and because of your reasons I haven't made any orders against you in relation to those. I've asked you to work with them. So I'm bearing in mind that you have problems in fulfilling matters on your side that the Prosecution need in order to comply with 73 bis (B). Therefore, how can I impose a time that you stipulate on them when they're not -- when they don't have your part of the list that they're going to put in? Okay, true, they can say, all issues are in dispute. There's not seven days in the week; there's not 12 months in the year. Everything is on proof. But that's not going to get us anywhere. Let us be realistic.
Their obligations, in turn, are partly dependent on certain matters that you have to fulfil, and I have not made an order against you on those, although I've indicated the powers of the Court. So let us meet -- try and strike a balance between the time you need and the time -- in order to inform the Prosecution and the time the Prosecution then will need to compile their pre-trial brief, in the light of what you have said.
MR. KHAN: Your Honour, I do -- I think we're all cognizant of the difficulties detailed just now by Your Honour. The question, of course, is how to cut the Gordian Knot, because these difficulties persuaded the Prosecutor to ask for July start date and not oppose a September start date. So this difficulty, Your Honour, is a direct consequence of Your Honour's decision to fix a June start date.
Your Honour, talking about days in the week, there are only seven days in a week, and there's a certain amount the Defence can do. At the moment we are going to start trial in June not being ready, but we will start because that's your order. But I've made it quite clear we will not be ready given the huge welt of material that we face. The position of the Prosecution and the Defence are not the same. They've had years; we've had months.
Your Honour, at the moment I have been quite candid, with the greatest of respect, regarding what would be agreed. As far as orders are concerned, I don't see any order that can compel me to agree witnesses. There is simply --