Day 042 - 31 Oct 94 - Page 65


     
     1        courts.  Before it goes into evidence (which is all I am
     2        concerned about) it has to have a status as evidence.  What
     3        you must, first of all, ask is whether he is familiar with
     4        any of the matters set out in the report.  If he is not,
     5        that is it for the time being.  You may be able to mount it
     6        as evidence by some other route, but you cannot mount it
     7        via this witness, so you must ask for that first of all.
     8
     9   MR. MORRIS:  The reason I said "for the record" was because when
    10        at the end of this case I have 250 days of transcripts to
    11        read, I will actually have in front of me all the
    12        materially important things.
    13
    14   MR. JUSTICE BELL:  That, I am afraid, is not sufficient reason,
    15        and I am prepared to take time about it now because the
    16        situation may crop up again.  We cannot just read documents
    17        on to the transcript in order to remind you of what their
    18        contents were.  Put it to the witness, whether he knows
    19        anything about this.  If he does, you can pursue it; if he
    20        does not, that is it for the time being.  You must abide by
    21        my ruling to that effect.
    22
    23        (To the witness):  Do you know anything about it?
    24        A.  No, I am sorry, I do not, my Lord.
    25
    26   MR. JUSTICE BELL:  That is it for the time being, Mr. Morris.
    27        If you can get it in some other way, you can try again
    28        later with another witness.
    29
    30   MR. MORRIS:  Presumably, though, if McDonald's have been
    31        censored in Denmark for associating toys and burgers and
    32        confusing children, if they have, McDonald's would know
    33        about that, would they not?
    34        A.  Well, I am sure McDonald's as an entity would know
    35        that.
    36
    37   MR. JUSTICE BELL:  Someone in Denmark would certainly know;
    38        would you necessarily know in the United Kingdom?
    39        A.  I would not necessarily know in the United Kingdom, no.
    40
    41   MR. MORRIS:  No, but you have had responsibility for Europe?
    42        A.  I had an advising and a training role across Europe.
    43        I was not -----
    44
    45   Q.   Then David Green might know about that.
    46
    47   MR. JUSTICE BELL:  Yes.  That is why I said you could try again
    48        later, you see.
    49
    50   MR. MORRIS:  It is very lucky we brought it up then because if 
    51        Mr. Green is in court, can we ask him to check on that. 
    52 
    53   MR. JUSTICE BELL:  No.  You can ask him a question when he comes
    54        into the witness box.
    55
    56   MR. MORRIS:  Right.  I am sure he will know about it if it is
    57        true.  (To the witness):  Just in case you know something
    58        about something that happened in Germany, I will ask you,
    59        was that one of the countries you had some kind of an
    60        association with?

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