Day 187 - 13 Nov 95 - Page 40


     
     1
     2   MR. JUSTICE BELL:  But when you say it would shed light on
     3        Miss Tobin's credibility, in what sort of respects?
     4
     5   MR. RAMPTON:  My Lord, if, for example -- as often happens --
     6        she was solely or jointly responsible with Miss Gabriel for
     7        the selection of those parts of the interviews, and the rap
     8        session examples that were to be included in the film, and
     9        suppose (as may be the case or may not), for example, it
    10        appeared that that selection could fairly be characterised
    11        by me as being a deliberate misrepresentation of what
    12        occurred, then it is at least possible (if not probable)
    13        that your Lordship might not think very much of her
    14        evidence about the matters about which she can give
    15        direct -----
    16
    17   MR. JUSTICE BELL:  Is that not as to credit?
    18
    19   MR. RAMPTON:  That is credit, but the other parts of it are of
    20        direct relevance to the case.
    21
    22   MR. JUSTICE BELL:  I appreciate that.  But, I mean, suppose --
    23        and I make no bones about it -- if I do not see the
    24        transcripts of all which was said, at the moment I am not
    25        minded to attach any weight to anything I hear actually on
    26        the film; I have formed my own opinion as to whether the
    27        film gives a useful portrayal of the way people work in
    28        McDonald's; quite frankly, I do not think transcripts are
    29        likely to help me on that.  The other matter which it does
    30        seem to me really goes to credit is Miss Tobin's evidence
    31        of her own experiences, which I would have thought is
    32        beyond the pale as a ground for discovery in the light of
    33        the authorities you quoted to me a few weeks ago.
    34
    35   MR. RAMPTON:  I quite understand that.  I cannot tell what
    36        your Lordship will make of Miss Tobin.  I ought not to be
    37        deprived of legitimate material, what appears to be
    38        legitimate material, going to an issue simply on the ground
    39        that it may also go to credit.  If it went to credit too,
    40        so much the better for me; that is a windfall.  But I am
    41        entitled to it, in any event.
    42
    43        If this were a television case where the defendant was a
    44        television company, that is almost the first thing that
    45        gets disclosed, the unedited transcripts.  It is a highly
    46        material document when it comes to the veracity of what is
    47        said in the programme.  I do not believe that Mr. Morris'
    48        coyness -----
    49
    50   MR. JUSTICE BELL:  Mrs. Brinley-Codd has been trying -- no doubt 
    51        she has had plenty of other things to distract her -- 
    52        really for very nearly two months now, certainly eight 
    53        weeks, to try and track Miss Gabriel.  She has not
    54        succeeded in doing it.  You are not going to get any
    55        further with Mr. Morris.  What ground is there to believe
    56        that you will find Miss Gabriel, if you have not been able
    57        to do so in eight weeks?
    58
    59   MR. RAMPTON:  I do not know.  I mean, the fact is that all roads
    60        which were open to us have been traversed; the telephone

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