Day 143 - 27 Jun 95 - Page 49


     
     1        risk that you will provoke the witness or give the witness
     2        an opportunity to say something favourable to McDonald's.
     3
     4   MR. MORRIS:  I am sure he will do that as often as he can.
     5
     6   MR. RAMPTON:  I am a bit concerned about this.  By all means,
     7        let Mr. Morris ask Mr. Stein whether he knows anything
     8        about the course of negotiations.  Where that leads, I have
     9        to say, I do not know because it is very likely going to be
    10        hearsay evidence anyway; he was not involved himself.  If
    11        Mr. Morris were counsel, I would have objected three days
    12        ago to the amount of hearsay that Mr. Morris has sought to
    13        elicit from Mr. Stein.
    14
    15   MR. MORRIS:  Well -----
    16
    17   MR. RAMPTON:  No, my Lord, I am speaking.  My Lord, this page in
    18        this wretched document is a combination of factual
    19        assertion of which Mr. Stein is unlikely to have any first
    20        hand admissible knowledge, and what I can only call
    21        political cant.  Frankly, what the point is of Mr. Morris
    22        asking Mr. Stein questions about this page, I cannot
    23        imagine.
    24
    25   MR. MORRIS:  I was going to contrast it with the following page
    26        where it has detail -----
    27
    28   MR. JUSTICE BELL:  Look, if this was a McDonald's document,
    29        I could see you might cross-examine the witness on it and
    30        if there were inconsistencies, you could make something.
    31        But all it is at the moment is a possible platform which
    32        leads you to want to see if Mr. Stein can give information
    33        which you think might be useful to your case.  That is the
    34        full extent at the moment.  If you find that he does not
    35        know anything about it, you really have to move on.  So try
    36        to follow that.
    37
    38   MR. MORRIS:  Yes.  All right.  I will ask the important
    39        questions.  (To the witness):  If you look on page 9?
    40        A.  OK, I have it.  Where do you want me to look?
    41
    42   Q.   If you just read the first paragraph in (a)?
    43        A.  In (a)?  Are you talking about the section that is ---
    44
    45   Q.   Headed (a)?
    46        A.  -- (iii) "Personnel Policy"?
    47
    48   MR. JUSTICE BELL:  No, just pause a moment.  No.  The page
    49        number Mr. Morris has is the number in the middle of the
    50        page immediately above the print.  It is not the facsimile 
    51        page number in the top corner. 
    52        A.  I am sorry, my Lord, I was looking at that. 
    53
    54   MR. JUSTICE BELL:  I made the same mistake originally.  Anyway,
    55        it is 9 and there is A, B and C.
    56
    57   MR. MORRIS:  They have laid out there what they understand to be
    58        the traditional or, in fact, the binding agreement that
    59        existed in that industry which you characterised -----
    60

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