Day 111 - 30 Mar 95 - Page 39


     
     1        it, but it is fair comment that a lot of the things have
     2        been said of which there is no notice whatsoever in the
     3        statement which might be material.  That being so,
     4        Mr. Rampton it seems to me, would be entitled to reserve
     5        parts of his cross-examination, if he chose, until he has
     6        been able to take further instructions, and would be
     7        entitled, if he chose, to call such evidence in rebuttal as
     8        he chose to call.
     9
    10        Whether it would be one of the Messrs. Jarrett in order to
    11        say:  "No, I did not say this", or whether that would
    12        remain unchallenged, we are not looking into at the moment.
    13
    14   MS. STEEL:  The point I was making there has been a marked
    15        reluctance for anybody from Jarretts to come to this court
    16        for some unknown reason.  I wanted to say that if
    17        Mr. Bennett came to rebut it, he would not be any position
    18        do so because it would be entirely hearsay.
    19
    20   MR. JUSTICE BELL:  Why are we arguing about this now?  It is a
    21        point well made by Mr. Rampton, in my view, because a
    22        number of things have, in fact, come in of which there is
    23        no intimation in the statement.  For whatever reason that
    24        may be, Mr. Rampton is merely saying he may want to call
    25        evidence in rebuttal.  If he does not want to call anyone
    26        from Jarretts itself as opposed to Mr. Bennett, you can
    27        make the comment that you have made and I will have to
    28        consider it and we will just have to wait and see.
    29
    30   MR. MORRIS:  With respect, I do not agree that Mr. Rampton has
    31        made a good point.  Mr. Bennett was brought in to rebut the
    32        evidence of Ms. Hovi, that he was their rebuttal witness,
    33        although he obviously appeared before her. I think 99 per
    34        cent of the things that Ms. Hovi has said have been either
    35        in her statement, or put to Mr. Bennett or dealt with by
    36        him, or mentioned when we put the plan to other McDonald's
    37        witnesses.  All the stuff about the separation between
    38        "clean" and "dirty" side, sanitation -----
    39
    40   MR. JUSTICE BELL:  I am sorry, I am going to interrupt you there
    41        because that just is not right.  We have had some
    42        cross-examination about the hatch and things like that and
    43        we had some general cross-examination about crossing the
    44        line, but we have had a lot more about the ways in which
    45        particular tools were not sterilised, in particular in how
    46        people were crossing the line.  I do not recall the point
    47        about the office block being made and things of that kind.
    48
    49   MR. MORRIS:  But Mr. Bennett was asked about the point about the
    50        separation between the "clean" and the "dirty" side. 
    51 
    52   MR. JUSTICE BELL:  But he was asked in very general terms and 
    53        the specific matters were not put.  I have listened to the
    54        evidence -----
    55
    56   MR. MORRIS:  Every witness has expanded upon their evidence, and
    57        McDonald's witnesses, in particular, have expanded
    58        upon -----
    59
    60   MR. JUSTICE BELL:  The question of evidence in rebuttal has not

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