Day 042 - 31 Oct 94 - Page 65
1 courts. Before it goes into evidence (which is all I am
2 concerned about) it has to have a status as evidence. What
3 you must, first of all, ask is whether he is familiar with
4 any of the matters set out in the report. If he is not,
5 that is it for the time being. You may be able to mount it
6 as evidence by some other route, but you cannot mount it
7 via this witness, so you must ask for that first of all.
8
9 MR. MORRIS: The reason I said "for the record" was because when
10 at the end of this case I have 250 days of transcripts to
11 read, I will actually have in front of me all the
12 materially important things.
13
14 MR. JUSTICE BELL: That, I am afraid, is not sufficient reason,
15 and I am prepared to take time about it now because the
16 situation may crop up again. We cannot just read documents
17 on to the transcript in order to remind you of what their
18 contents were. Put it to the witness, whether he knows
19 anything about this. If he does, you can pursue it; if he
20 does not, that is it for the time being. You must abide by
21 my ruling to that effect.
22
23 (To the witness): Do you know anything about it?
24 A. No, I am sorry, I do not, my Lord.
25
26 MR. JUSTICE BELL: That is it for the time being, Mr. Morris.
27 If you can get it in some other way, you can try again
28 later with another witness.
29
30 MR. MORRIS: Presumably, though, if McDonald's have been
31 censored in Denmark for associating toys and burgers and
32 confusing children, if they have, McDonald's would know
33 about that, would they not?
34 A. Well, I am sure McDonald's as an entity would know
35 that.
36
37 MR. JUSTICE BELL: Someone in Denmark would certainly know;
38 would you necessarily know in the United Kingdom?
39 A. I would not necessarily know in the United Kingdom, no.
40
41 MR. MORRIS: No, but you have had responsibility for Europe?
42 A. I had an advising and a training role across Europe.
43 I was not -----
44
45 Q. Then David Green might know about that.
46
47 MR. JUSTICE BELL: Yes. That is why I said you could try again
48 later, you see.
49
50 MR. MORRIS: It is very lucky we brought it up then because if
51 Mr. Green is in court, can we ask him to check on that.
52
53 MR. JUSTICE BELL: No. You can ask him a question when he comes
54 into the witness box.
55
56 MR. MORRIS: Right. I am sure he will know about it if it is
57 true. (To the witness): Just in case you know something
58 about something that happened in Germany, I will ask you,
59 was that one of the countries you had some kind of an
60 association with?
