Day 070 - 20 Dec 94 - Page 51
1 is a far greater problem that we have had with the
2 Plaintiffs' witnesses is avoiding an issue that they do
3 know something about.
4
5 Secondly, as has been said, I believe it was explained,
6 that if a Plaintiff's witness who actually works for the
7 company is told something by other people in the company,
8 then that is evidence -- it is hearsay evidence -- because
9 it is coming from the company.
10
11 MR. JUSTICE BELL: I suggest that you leave it there. You have
12 heard me more than once -- I will not say it again --
13 express my anxiety about witnesses vouching an opinion when
14 it has become clear that they are not informed in that
15 area. That is my main anxiety because out of helpfulness
16 (and most of the witnesses, if not all of them, have tried
17 to be helpful in this case) they have pushed something
18 forward and it might or might not be right.
19
20 What do you want to say about Dr. Gomez Gonzalez'
21 consultations? He appeared to have spoken to people back
22 in America beyond the matters which he was going to speak
23 to Mr. Rampton and/or any of McDonald's lawyers in this
24 country about. But, in future it is probably worth me
25 warning people not to talk to people over the adjournments
26 about the case. If you particularly want me to do that
27 with a particular witness, you must not hesitate to remind
28 me of it.
29
30 But what, if any, harm are you saying has arisen here? I
31 mean, are you suggesting that Mr. Gomez Gonzalez
32 intentionally sought to take an unfair advantage and, if
33 so, in what way do you think you have been disadvantaged,
34 or is it really just raising the point for the future?
35
36 MS. STEEL: I think it is just a general worry, and it is also
37 in relation to witnesses that are from the company that,
38 obviously, work with other people from the company, and
39 when they go back home or go back to work in between times
40 when they are appearing in court, that they may be talking
41 about the evidence or relevant issues within the company
42 and that may affect the evidence that they give in court.
43
44 MR. JUSTICE BELL: If you have a particular anxiety about it,
45 I would like you to raise it before any particular witness
46 leaves the witness box and we can consider what course to
47 take. I have to say, I think in Dr. Gomez Gonzalez' case
48 the situation may well have arisen because he was being
49 asked what he knew about various things and what he had
50 been told about various things. At the moment I have to
51 say I am inclined to think that he made enquiries the
52 better to answer that kind of question if it was raised
53 again.
54
55 MS. STEEL: The first person he spoke to was, I think,
56 Mr. Pattison. I think that it was before we had even
57 really started asking questions on that anyway but that is
58 ---
59
60 MR. JUSTICE BELL: You may be right about that.
