Day 066 - 14 Dec 94 - Page 76
1 A. I am going to look. I think I do. If we are going to
2 take a break they are in my briefcase.
3
4 Q. We are going to take a break shortly. I think not just,
5 Mr. Rampton, before Mr. Gomez Gonzales goes back, if he can
6 find them as soon as possible and produce them for copying.
7
8 MR. RAMPTON: My Lord, by all means. What I would like to be
9 able to do is deal with it overnight and come back to it
10 first thing tomorrow and finish there, if I may.
11
12 MR. JUSTICE BELL: Have you anything else?
13
14 MR. RAMPTON: No.
15
16 MR. JUSTICE BELL: We will break off now until 10.30.
17
18 MR. MORRIS: There is one thing that we are little bit concerned
19 about. We have not had an indication from the Plaintiffs
20 when the affidavits of Sid Nicholson and Ray Cesca --
21 I believe the day you asked them to be available was the
22 end of this week.
23
24 MR. JUSTICE BELL: I cannot remember but that is your
25 recollection?
26
27 MR. MORRIS: I think so. I am a little bit concerned in the
28 light of the evidence that McDonald's may be moving away
29 from using Coope Montecillos as a supplier, whether that
30 has any implications for their power and control over the
31 documents that exist there that we have requested. In the
32 light of that, I think that we need an indication from the
33 Plaintiffs whether we are going to get these affidavits by
34 the end of the week and, if not, they should be ordered to
35 do so in the maximum time because we did apply for these
36 documents basically about a year ago, well, a minimum time,
37 preferably before Christmas. We must have the information
38 before we lose the opportunity.
39
40 MR. RAMPTON: The position is this. Mr. Nicholson's affidavits
41 are ready. One has been sworn and one will be sworn and
42 the Defendants will have those by the end of the week.
43 I think Mr. Stein and Mr. Cesca are both presently away.
44 Your Lordship did say that if there was any difficulty
45 about having them ready by 16th, which is the date your
46 Lordship mention, I should say so. They will, however, be
47 ready by Wednesday 21st. We will be able to speak to them
48 I think on Monday.
49
50 MR. JUSTICE BELL: Can they not be ready before that? I have to
51 say when I offered the invitation to say something, I did
52 not expect it would only be a few days before the
53 deadline. Perhaps I should have been clearer. Is there
54 any reason why they cannot actually be produced by Friday?
55
56 MR. RAMPTON: The position is that we tried to get them
57 finalised yesterday. Neither Mr. Stein nor Mr. Cesca was
58 in the office. Mr. Stein will not be back until Friday and
59 Mr. Cesca not until Monday. I do not want to serve a draft
60 until they have had a chance to read them. They have been
