Day 149 - 06 Jul 95 - Page 33


     
     1        that someone will mention a document which it has not
     2        occurred to them to think about before or it has not
     3        occurred to someone to ask about before.  It is just a fact
     4        of life that that happens in a case of this kind.
     5
     6   MR. RAMPTON:  It does, yes.
     7
     8   MR. JUSTICE BELL:  I am not going to offer any comment about
     9        that one way or the other.  What I am anxious is that the
    10        possibility of that happening when Mr. Ray Cesca comes here
    11        and gives evidence be reduced to an absolute minimum.
    12
    13   MR. RAMPTON:  I quite agree with that.  There are three
    14        witnesses, in fact, in relation to Costa Rica.  There is
    15        Mr. Cesca.  There are also two Costa Rican witnesses:
    16        there is Mr. Cartona and Mr. Monroa, I think he calls
    17        himself.  Whether they will be able to offer your Lordship
    18        historical geographical information, I just do not know.
    19
    20   MR. JUSTICE BELL:  I have made my point yet again.  So there we
    21        are.
    22
    23   MR. RAMPTON:  We will certainly make sure that Mr. Cesca -- he
    24        has probably sworn an affidavit about this, anyway.
    25
    26   MR. JUSTICE BELL:  He was going to look over parts which have
    27        been highlighted, to save time, of Dr. Gomez Gonzales's
    28        evidence, was he not?
    29
    30   MR. RAMPTON:  Yes, I believe that he is.  I hope we shall get a
    31        chance to see him in good time before he gives evidence, so
    32        that if there are any things like that, they can be cleared
    33        up before he goes into the witness box.  I believe he
    34        spends more time in the air than any other McDonald's
    35        employee.
    36
    37        My Lord, the next item was the documents relating to the
    38        profit sharing scheme for hourly paid workers which,
    39        I think, in fact, were mentioned by Mr. Stein in his
    40        evidence.  Plainly, since that is something which he
    41        himself raised as a matter to the credit of McDonald's in
    42        relation to employment, those documents exist, and they
    43        should be disclosed, and we will go about doing that.
    44        I think he said, from memory, that they were pinned up on
    45        the notice boards in the restaurants.
    46
    47   MR. JUSTICE BELL:  Yes.  My memory does not serve me very well
    48        in relation to that.  I know he said at one stage --
    49        I thought he was saying that there might be different
    50        arrangements, that if it was not in the manual he was being 
    51        asked to look at, there was a provision for it somewhere. 
    52 
    53   MR. RAMPTON:  That is what I thought he said.  I do not say he
    54        definitely said there were documents, but, plainly, if
    55        there are documents, then they are relevant and we should
    56        disclose them.
    57
    58        The notes of the people who went to find out who the people
    59        were distributing this libel are, I have already said,
    60        disclosable in so far as they are not privileged and in so

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