Day 145 - 29 Jun 95 - Page 54


     
     1
     2   MR. MORRIS:  It must be relevant.  It goes to the credit of one
     3        of our witnesses.
     4
     5   MR. RAMPTON:  That is why it is not necessarily relevant.
     6
     7   MR. MORRIS:  We have an entitlement to see it.
     8
     9   MR. RAMPTON:  My Lord, may we leave that until next week?
    10
    11   MR. JUSTICE BELL:  Raise it during next week's discussions.
    12        There is the question of secondary evidence, quite apart
    13        from discovery.  I told you about secondary evidence some
    14        months, did I not?  By and large evidence of the contents
    15        of a document is not admissible if the document itself is
    16        available.  That may be an over-simplification in some
    17        cases.
    18
    19   MR. RAMPTON:  My Lord, there are some circumstances where
    20        secondary is evidence permissible if the document or the
    21        report of a document is apt in itself to constitute
    22        admissible evidence, but it may not.
    23
    24   MS. STEEL:  If there is nothing else, there are these lists
    25        here.  Also there were a couple of other things that came
    26        up within the last two days or so of documents which it
    27        would be good to add to the list.
    28
    29   MR. JUSTICE BELL:  Shall I just read it through first of all?
    30        Yes.  You want to add to that?
    31
    32   MS. STEEL:  Yes.  There were related turnover documents.
    33        Mr. Stein said that the computer could do printouts of the
    34        number of people that left versus the number of people that
    35        were employed.  I want to apply for that next week as well,
    36        and also the OCLs for that are used in America.  I will not
    37        go into that, but if we just put it on the list.
    38
    39   MR. MORRIS:  There are also the documents referred to in the
    40        Health and Safety Team Minutes, the UK, for the meeting of
    41        7th April 1993, referred to McDonald's written response to
    42        the Health and Safety Executive Report, and also that there
    43        was a Hustle Review Report; the Gallin letter, if we could
    44        add that to the list; there are the outstanding matters of
    45         -- this is not employment -- the beef suppliers in the 70s
    46        or the 80s, or both, which I think was being looked into
    47        last time, I heard, and the Guatemala map that Mr. Gonzales
    48        had seen of the sources of supplies in Guatemala, beef
    49        supplies.
    50 
    51        I think those are the discovery matters.  I think it might 
    52        be helpful on general, any other matters -- let me just 
    53        explain, "soya" on that list is because you asked us to put
    54        our case on the soya issue which we claim is admitted, but
    55        the Plaintiffs claim there is no evidence on.  I have will
    56        have to check back exactly what the debate was about that.
    57        We might as well get a complete list of outstanding things,
    58        even if we cannot go through them all.
    59
    60        It may be useful to go through, I do not know if

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