Day 111 - 30 Mar 95 - Page 39
1 it, but it is fair comment that a lot of the things have
2 been said of which there is no notice whatsoever in the
3 statement which might be material. That being so,
4 Mr. Rampton it seems to me, would be entitled to reserve
5 parts of his cross-examination, if he chose, until he has
6 been able to take further instructions, and would be
7 entitled, if he chose, to call such evidence in rebuttal as
8 he chose to call.
9
10 Whether it would be one of the Messrs. Jarrett in order to
11 say: "No, I did not say this", or whether that would
12 remain unchallenged, we are not looking into at the moment.
13
14 MS. STEEL: The point I was making there has been a marked
15 reluctance for anybody from Jarretts to come to this court
16 for some unknown reason. I wanted to say that if
17 Mr. Bennett came to rebut it, he would not be any position
18 do so because it would be entirely hearsay.
19
20 MR. JUSTICE BELL: Why are we arguing about this now? It is a
21 point well made by Mr. Rampton, in my view, because a
22 number of things have, in fact, come in of which there is
23 no intimation in the statement. For whatever reason that
24 may be, Mr. Rampton is merely saying he may want to call
25 evidence in rebuttal. If he does not want to call anyone
26 from Jarretts itself as opposed to Mr. Bennett, you can
27 make the comment that you have made and I will have to
28 consider it and we will just have to wait and see.
29
30 MR. MORRIS: With respect, I do not agree that Mr. Rampton has
31 made a good point. Mr. Bennett was brought in to rebut the
32 evidence of Ms. Hovi, that he was their rebuttal witness,
33 although he obviously appeared before her. I think 99 per
34 cent of the things that Ms. Hovi has said have been either
35 in her statement, or put to Mr. Bennett or dealt with by
36 him, or mentioned when we put the plan to other McDonald's
37 witnesses. All the stuff about the separation between
38 "clean" and "dirty" side, sanitation -----
39
40 MR. JUSTICE BELL: I am sorry, I am going to interrupt you there
41 because that just is not right. We have had some
42 cross-examination about the hatch and things like that and
43 we had some general cross-examination about crossing the
44 line, but we have had a lot more about the ways in which
45 particular tools were not sterilised, in particular in how
46 people were crossing the line. I do not recall the point
47 about the office block being made and things of that kind.
48
49 MR. MORRIS: But Mr. Bennett was asked about the point about the
50 separation between the "clean" and the "dirty" side.
51
52 MR. JUSTICE BELL: But he was asked in very general terms and
53 the specific matters were not put. I have listened to the
54 evidence -----
55
56 MR. MORRIS: Every witness has expanded upon their evidence, and
57 McDonald's witnesses, in particular, have expanded
58 upon -----
59
60 MR. JUSTICE BELL: The question of evidence in rebuttal has not
