Day 070 - 20 Dec 94 - Page 07


     
     1        Dr. Gomez Gonzalez said.  He can talk freely to us in
     2        England, because he has not yet given his evidence or
     3        started his evidence.   He can make whatever enquiries are
     4        open to him that he has not already made -- and I do add
     5        that rider with some emphasis -- to see whether he can tell
     6        what it was that Dr. Gomez Gonzalez was talking about, if
     7        it is anything different from what has already been
     8        disclosed.  What he cannot do at the moment is talk to
     9        Dr. Gomez Gonzalez himself about it.  It may be, therefore,
    10        that it will not finally be resolved one way or the other
    11        until Dr. Gomez Gonzalez gets back.
    12
    13        As to that, our present intention, because it fits in with
    14        Dr. Gomez Gonzalez' work schedule -- which, as your
    15        Lordship has probably appreciated, is fairly crowded -- is
    16        that he should come back in February.
    17
    18        I now have a note that Mr. Cesca is coming to London in
    19        January, not for the purpose of giving evidence.  I have no
    20        intention of calling him at that time and will not do so.
    21        But it does mean that we shall have an opportunity of
    22        discussing the matter with him face to face, which is
    23        always easier than it is over the telephone.
    24
    25        So, I would expect -- I am not making promises, and the
    26        Defendants should not convert when I say "expecting" to
    27        "Oh, you promised", which is their habit -- that it may be
    28        possible to resolve this question, if it be a question,
    29        sometime in February finally.
    30
    31        For the moment, however, as your Lordship rightly observes,
    32        it is not open to the Defendants -- perhaps more important,
    33        it would not be right for your Lordship to go behind the
    34        affidavit which Mr. Cesca has now sworn.  It is the second
    35        affidavit that he has sworn.
    36
    37        My Lord, I can hand up a slim bundle of relevant
    38        documents.  I do not know whether they all arise out of his
    39        affidavit, but one certainly does.  They do.  There is a
    40        meat specification from, it is thought (though it does not
    41        have a date) about 1967.
    42
    43   MR. JUSTICE BELL:  He refers to that in his affidavit, does he
    44        not?
    45
    46   MR. RAMPTON:  That is somebody who is writing a history of
    47        McDonald's, and this is the earliest specification that
    48        that gentleman was able to find.
    49
    50        The other documents are specifications counterparts, signed 
    51        by the suppliers.  This is the back sheet of the 
    52        specifications which have already been disclosed, in 
    53        effect.  Again, it really does not add very much except to
    54        show that the supplier undertakes to abide by the terms of
    55        the specification.
    56
    57   MR. JUSTICE BELL:  I will not read this now.
    58
    59   MR. RAMPTON:  No.  There is no need for that.
    60

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