Day 070 - 20 Dec 94 - Page 54


     
     1   MR. JUSTICE BELL:  There are approved lists.  If I were you, you
     2        get someone who can speak the language properly and ask
     3        about it.  I am less concerned about French than some other
     4        languages because I think you will find there will be
     5        people in court who will be able to tell if it is not an
     6        accurate translation anyway.
     7
     8   MR. MORRIS:  He has quite a lot of details in his statement
     9        which has a translation with it, so we would certainly
    10        invite you to look at that if you have a chance.  It is
    11        mainly to do with the Trade Union issue.  Along with that
    12        there is a statement of Chantal Villerneuve/Gallez, also of
    13        Lyon, France.
    14
    15   MR. JUSTICE BELL:  Look, if you are going to call French, Gallic
    16        witnesses, see if you cannot call them together and have
    17        your translator here for the purpose.  What I would not
    18        approve of is one person who is a witness who speaks fluent
    19        French and English interpreting for another.
    20
    21   MR. MORRIS:  No, I understand that.
    22
    23   MR. JUSTICE BELL:  I am not suggesting there would be anything
    24        underhand, but it would be an unsatisfactory situation.
    25
    26   MR. MORRIS:  So that is two witness who both worked at
    27        McDonald's -- in fact they still work at McDonald's if they
    28        have not been sacked yet.
    29
    30   MR. JUSTICE BELL:  I do not think they have been certified in
    31        any way.  They have to be able to assure me that they speak
    32        the language of the witness fluently and then they take an
    33        oath faithfully to translate, etc.
    34
    35   MR. MORRIS:  Right.  The other two witnesses in this bundle of
    36        five are Shaun Darby and Joel Henderson who are both from
    37        the same branch of McDonald's that Sarah Ingliss has
    38        already given evidence from.  They were with her on the
    39        union committee in their attempt to organise a union branch
    40        there. So, really those four should all be put in the
    41        employment witnesses.
    42
    43   MR. JUSTICE BELL:  You are putting Civil Evidence Act notices on
    44        them against the possibility of you not being able to call
    45        them, are you?
    46
    47   MR. MORRIS:  Yes, that is that.  The other thing is that I have
    48        asked Mr. North to try to draft up a statement as soon as
    49        possible.  He said he wanted to get it out of the way but I
    50        do not know when it will be ready.  Anne Link ----- 
    51 
    52   MR. JUSTICE BELL:  Would it actually help you if I said it had 
    53        to be served by a specific date so that you could say the
    54        judge has made a direction?
    55
    56   MR. MORRIS:  Yes, as long as if he does not do it we are not
    57        penalised.  But, yes, I can say to him that the court said
    58        do it by such and such a date.
    59
    60   MR. JUSTICE BELL:  What about 6th January which is a Friday?

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