Day 172 - 12 Oct 95 - Page 55


     
     1        I do not want the Defendants to think that I accept that it
     2        is any evidence whatsoever of the truth of anything that
     3        Mr. McGee was told, because I do not.
     4
     5        I do object to the whole of the first paragraph on page 4,
     6        because this seems to me to be in essence a combination of
     7        supposition and speculation, possibly a little bit of
     8        hearsay on Mr. McGee's part.  That seems to have nothing
     9        whatever to do with what he thought he was doing on behalf
    10        of the employees.
    11
    12        I have more difficulty in relation to the second paragraph
    13        on page 4.  I am inclined to think that the first part of
    14        it is objectionable, but when Mr. McGee comes back to
    15        saying what the employees told him their fears were, that
    16        is available as an explanation for his attempt to
    17        unionise -- or his alleged attempt to unionise, I should
    18        say.
    19
    20   MS. STEEL:  I am not clear entirely whether that was an
    21        objection or not.
    22
    23   MR. RAMPTON:  I object to the first paragraph on page 4 and the
    24        first two sentences of the second paragraph on page 4.
    25
    26   MS. STEEL:   Down to "dispel"?
    27
    28   MR. RAMPTON:  Down to "dispel".  I am inclined to think your
    29        Lordship would probably let in the rest of the second
    30        paragraph on page 4 on the basis that it was an explanation
    31        or a further explanation or extension of Mr. McGee's
    32        reasons for thinking (if he is telling the truth) that he
    33        ought to do something about getting the place unionised.
    34        If one put it at its highest, one would assume in his
    35        favour that he thought the employees were telling the truth
    36        and acted accordingly.  That does not mean that they were,
    37        and it is no evidence that they were.
    38
    39        My Lord, going on from there, only two quite obvious
    40        passages.  At the top of page 7, there is a report from
    41        Mr. McGee's friend Kevin, which plainly cannot stay in.
    42
    43   MS. STEEL:   From Kevin?
    44
    45   MR. RAMPTON:  Top of page 7.
    46
    47   MS. STEEL:  The whole of that paragraph?
    48
    49   MR. RAMPTON:  No.  He can say that he discussed it with Kevin,
    50        but he cannot say what Kevin said, because he was not there 
    51        to observe what Kevin told him. 
    52 
    53        Then, my Lord, finally -----
    54
    55   MR. MORRIS:  But he still -- it does not matter.  We can argue
    56        it later.
    57
    58   MR. JUSTICE BELL: You can argue you it if you want to.
    59
    60   MR. RAMPTON:  There is another difficult passage, a couple of

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