Day 153 - 12 Jul 95 - Page 55
1 have not got a witness who is going to specifically gainsay
2 that, but you have said -- and particularly Mr. Morris has
3 said -- "Well, I find that quite unbelievable", which is
4 much the same as what I have just been saying.
5
6 MS. STEEL: No. I mean, I did say if they, you know -----
7
8 MR. JUSTICE BELL: If the Plaintiffs do not call a witness who
9 could possibly deal with it, then obviously you have no one
10 to put your allegation to. But if you do have a witness in
11 the witness box who might reasonably be able to deal with
12 an important allegation which you are making, you should
13 put it. I will be understanding about you not putting it,
14 because you are not legally represented. That does not
15 amount to a suggestion that you are not doing the case
16 perfectly well. It is just because I think that is the
17 fair attitude to adopt. But if Mr. Rampton raises
18 something which he wants put, you should put it. If you do
19 not put it and I think his intervention is justified, then
20 I just end up putting it myself.
21
22 MR. RAMPTON: Can I then mention the only three remaining things
23 which, in my respectful submission, must be put or should
24 be put because they reflect on Mr. Davis's integrity and,
25 as your Lordship puts it, his character -- and I am using
26 his two statements, Mr. Davis's two statements -- the
27 allegation of favouritism which he deals with in
28 paragraph 44 of his first statement because, plainly, that
29 is a reflection on his character; the allegation of till
30 manipulation which he deals with in paragraph 6 of his
31 second statement; and the allegation of squeezing the fry
32 box so as to defraud the customer, in paragraph 18 of his
33 second statement. I had thought that Ms. Steel was going
34 to come to that earlier today, but in fact she veered off
35 it.
36
37 MR. JUSTICE BELL: For myself, I am not so concerned about the
38 favouritism allegation.
39
40 MR. RAMPTON: I can understand that.
41
42 MR. JUSTICE BELL: But I do think you should put the other two
43 matters.
44
45 MS. STEEL: I hardly think the fry box is crucial. I did not
46 veer from it. I just, I do not know, completely forgot
47 about it. Part of the general point -----
48
49 MR. JUSTICE BELL: There you are, you have been reminded now.
50
51 MS. STEEL: I have not finished what I wanted to say, either.
52 I also wanted to ask: if the Plaintiffs have already put a
53 matter to their witness -- for example, they put to
54 Mr. Stanton the allegation concerning watering down
55 ketchups and things like that, and he said, "No, it is not
56 true" -- do we have to ask it again, just to get the same
57 answer?
58
59 MR. JUSTICE BELL: You should, strictly, go through it again and
60 put the positive suggestion to him. There is one reason
