Day 259 - 10 Jun 96 - Page 29


     
     1   Q.  -- that have been written, number of individual cases?
     2        A.  No.  I have no idea how they record their
     3        correspondence.
     4
     5   MR. MORRIS:  Just one question, I think.
     6
     7   MR. JUSTICE BELL:  Make this your last, and then we will close
     8        the cross-examination.
     9
    10   MR. MORRIS:  We do not have to turn it up, but you can take my
    11        word for it.  You answered an interrogatory under oath on
    12        22nd June 1994, regarding:  had McDonald's in Japan used
    13        beef originated in Costa Rica?  You said you had no
    14        personal knowledge of that (which does not surprise me).
    15        But to the best of your information so obtained, the answer
    16        is "no".  Who did you actually ask about that?
    17        A.  He is the owner of McDonald's in Japan.  I have met him
    18        several times.  I just cannot think of his name.  But
    19        I actually got in touch with him and asked him, and he said
    20        no.
    21
    22   Q.   That was the basis for that making that ---
    23        A.  Yes.
    24
    25   Q.   -- statement?
    26        A.  Yes.  I took his word for it.
    27
    28   MS. STEEL:  You did not ask the purchasing department or anyone
    29        like that in Japan?
    30        A.  No.  I had met this chap on several occasions, and I am
    31        able to speak to him personally.
    32
    33   MR. MORRIS:  Generally, when it comes to your -----
    34
    35   MR. JUSTICE BELL:  I am going to stop you there.  You have had
    36        the time I gave you.  I have to say that I think this is a
    37        very peripheral matter, just who Mr. Nicholson asked for
    38        information about this or that, and this case will not be
    39        decided on a matter like that.
    40
    41   MR. MORRIS:  As long as it applies to all his interrogatories
    42        where he has sought information.
    43
    44   MR. JUSTICE BELL:  I am not -----
    45
    46   MR. MORRIS:  It is only hearsay and, therefore, it cannot be
    47        used as evidence.
    48
    49   MR. JUSTICE BELL:  Well, it is not evidence unless you actually
    50        put the interrogatory in in order to rely upon the answer. 
    51 
    52   MR. MORRIS:  The Plaintiffs have not done that, so none of the 
    53        interrogatories ------
    54
    55   MR. JUSTICE BELL:  The Plaintiffs cannot do it.  If you ask an
    56        interrogatory and get an answer, it is of no evidential
    57        value.  It is of value as information, but the person who
    58        asked the interrogatory and gets the answer can, if they
    59        choose, put the answer in and rely upon it as a true
    60        answer.  But it is entirely up to them.

Prev Next Index