Day 044 - 02 Nov 94 - Page 60


     
     1
     2   MS. STEEL:  Because I think it did look like it was a real
     3        restaurant.
     4
     5   MR. JUSTICE BELL:  Yes.  The point is I can look at it in the
     6        future and make up my own mind about it.  If Mr. Green said
     7        it did not look like a restaurant and I thought it did,
     8        I would back my own judgment, not Mr. Green's.  If he
     9        thought it did look like a restaurant and I thought it did
    10        not, again I would back my own judgment and not
    11        Mr. Green's.  If he gave a view and I agreed with it, there
    12        we are.
    13
    14   MS. STEEL:  The only thing is that if we are going to have to
    15        look at it at a later stage we might as well do it now when
    16        the witness is saying he does not think it -- like when it
    17        is fresh in our minds as opposed to leaving it until later.
    18
    19   MR. JUSTICE BELL:  No.  I have a note in my notebook, you can
    20        bring it up.  It will take a fair bit of time now.  What
    21        I suggest you do is go through now any other ones which you
    22        have got.  If need be, some time could be -- it is twenty
    23        to five to four now, let us mark the topics.  Have you a
    24        number of others you want to put?
    25
    26   MR. MORRIS:  I just want to go through seven or eight points,
    27        really themes of the adverts.
    28
    29   MR. JUSTICE BELL:  What I suggest you do, you have advertised
    30        that one or, rather, you have identified that one, and we
    31        will identify a whole bunch of them and then, if need be,
    32        tomorrow morning, if Mr. Hill can get himself organised so
    33        we can get to them fairly quickly, we can go through them
    34        one after the other.  I know he finds there is no greater
    35        pleasure in life than going through these advertisements;
    36        we will get them altogether and he will know in advance
    37        which ones he is going to be asked to try and find.
    38
    39   THE WITNESS:  Maybe I can be a bit helpful, if the intent was
    40        that that should look and feel like a real restaurant, we
    41        would have had parents or adults within the scene.  If the
    42        intent was to show it really is not part of a restaurant,
    43        then we would not have a parent there.  We can take a look
    44        at it at a later course, if you desire.
    45
    46   MR. MORRIS:  But one way of being able to show a child on its
    47        own at a counter with McDonald's products is to simulate
    48        the restaurant so that it is not a real restaurant, yes,
    49        and then you can do it?
    50        A.  I believe if we ----- 
    51 
    52   MR. JUSTICE BELL:  Can I make a suggestion?  Between now and 
    53        about 4 o'clock, if you identify the six or seven and the
    54        matter you are looking at, then we can probably go to them
    55        much more directly in the morning.  What I have put in my
    56        notebook is:  Singing Barbi, pizza ad, query, child alone,
    57        does it look like a real restaurant?  If you can identify
    58        your point in relation to the other ads and then the
    59        questions you are asking now, when we get the ad up in the
    60        morning, you can put to Mr. Green then.  We will be rather

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