Day 132 - 07 Jun 95 - Page 34


     
     1        I was making the point that it is hardly a normal
     2        situation, or it is not part of the system, or whatever.
     3        But I think you would probably have to ask a McDonald's
     4        person if you want an explanation on that, my Lord.
     5
     6   MR. JUSTICE BELL:  We will see if we have evidence on that. What
     7        is being put to you in a sense is that you have gone
     8        through all these statements and looked, positively gone
     9        looking, for ways in which you might dissipate the effect
    10        of the statements?
    11        A.  That is not the intent of my comments, my Lord.  I was
    12        asked to look at those statements and make comment upon
    13        if.  Having read through, I do not know how many statements
    14        it was, but it was a great many of them, and some of them
    15        were fairly rambling statements, I made comments on the
    16        bits that I thought were appropriate.  I have not sought to
    17        deny any of the other points.  These are the things that
    18        I think I could make useful comment on.
    19
    20   MR. MORRIS:  That is exactly what I am putting to you, and I am
    21        going to go through this, that because you are not
    22        independent, an independent expert, you are, in fact,
    23        someone who is loyal to McDonald's and to industry rather
    24        than employees, you are effectively ----
    25
    26   MR. JUSTICE BELL:  You do not have to put it again, Mr. Morris.
    27        You have put that once.  It is obvious that I did summarise
    28        what you were really suggesting.
    29
    30   THE WITNESS:  My Lord, the ----
    31
    32   MR. JUSTICE BELL:  No.  I have stopped the questions.  I am
    33        going to stop the answer.  It is a matter for comment for
    34        you to make in due course by which stage we will have heard
    35        all the evidence and you can take what you will from it and
    36        comment.
    37
    38   MR. MORRIS:  In the next paragraph you said that -- the last
    39        sentence -- "We are faced with speculation rather than
    40        fact"?
    41        A.  Yes.
    42
    43   Q.   Which, of course, is that not exactly what you have been
    44        doing in your statement in response to the witness
    45        statements of the Defence?
    46        A.  No, I am pointing out that in this particular instance
    47        the witness said in a very generalised way that they were
    48        dissuaded.  There was no specific comment or anything like
    49        that.  I made the point that I could not comment on it
    50        because of that point. 
    51 
    52   Q.   Paragraph 7, referring to an incident --- 
    53        A.  Yes.
    54
    55   Q.   -- you have put:  "If the injured had felt able to prove
    56        negligence on the part of the Company, why was action not
    57        taken?"
    58        A.  Yes.
    59
    60   Q.   Is not that a staggeringly naive statement from someone who

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