Day 195 - 04 Dec 95 - Page 42
1 afraid it will take a little bit of time, but I hope we
2 will finish it this afternoon -- because what I want to
3 find out from you in large part is how much of this
4 information is actually information which you know about
5 and how much is simply stuff that you have been told by
6 other people. Do you understand?
7 A. Yes, I think I do.
8
9 Q. Would you please turn to page 2 of the first statement?
10 You see the second half of the page begins: "One employee,
11 Paul Jackson, was sacked because he was known to want to
12 form a union amongst the crew members."
13 A. That is right.
14
15 Q. All of that is report from somebody else, is it not?
16 A. I think that is -- that is correct, but -- yes, reports
17 by somebody else. That is true. I do not have -----
18
19 Q. Your direct knowledge only comes in again, does it not, at
20 the top of page 3 with the sentence: "On one occasion
21 I was talking to a few crew members"?
22 A. Yes.
23
24 MR. MORRIS: Can I ask a legal point? If Mr. Rampton is saying,
25 therefore, we should disregard it, he has to make it clear
26 then whether any of this information came from any
27 management at the store.
28
29 MR. JUSTICE BELL: No, he has asked the questions he wants to.
30
31 MR. MORRIS: Then he cannot rule out this as evidence unless he
32 makes that distinction.
33
34 MR. JUSTICE BELL: At the moment it is hearsay. I asked
35 questions about it and I got the same answer. I cannot
36 change the rules of evidence, as I have said before.
37
38 MR. MORRIS: If any of the information comes from management
39 grades, then .......
40
41 MR. JUSTICE BELL: No. We had the argument the other day.
42 I have not ruled on it yet, but you know perfectly well
43 that McDonald's submission is that it is only evidence
44 against McDonald's if it was by people who had authority to
45 speak on that point.
46
47 MS. STEEL: If I could just say, we did not have the argument
48 the other day. The Plaintiffs put their argument and we
49 have not come back on it yet.
50
51 MR. JUSTICE BELL: No, I understand that, but what I have said
52 is you heard the argument the other day from Mr. Rampton
53 and you know exactly what his stand is on it. In due
54 course, I will hear your argument and I will decide. But
55 all we are doing at the moment is laying the ground to find
56 out.
57
58 MR. MORRIS: It will be our submission that unless Mr. Rampton
59 makes that distinction, we would say that it has not been
60 shown to be hearsay.
