Day 072 - 12 Jan 95 - Page 30


     
     1        A.  If there are trees in the way -----
     2
     3   MR. JUSTICE BELL:  I have to say, my recollection is just
     4        passing up and down the Kings Road from time to time, it
     5        does not appear on the map but it is quite a wide square,
     6        in fact?
     7        A.  It is quite a wide square, yes, sir.
     8
     9   Q.   It is not just like looking across even a wide street; it
    10        is further than that?
    11        A.  It would be quite hard to spot a straw wrapper from
    12        that distance, I would say.
    13
    14   MS. STEEL:  She is talking about cartons, not straw wrappers,
    15        which are bright red.
    16
    17   MR. JUSTICE BELL:  It may still be a good point that it is
    18        easiest enough to stroll over there, but would it be easy
    19        even to see a clamshell across the other side of the street
    20        from the store?
    21        A.  I would say, yes, possibly, the colour of the
    22        clamshells, you could see a shape across there.  I do not
    23        think you could define whether it is McDonald's or not, but
    24        you could probably make a good guess that was.  But the
    25        manager has a lot of other responsibilities, to the crew
    26        and the customers, as does the lobby host.
    27
    28   MS. STEEL:  Which are more important than the responsibilities
    29        for the neighbours?
    30        A.  In some respects, the health and safety of the
    31        customers and crew are more important, yes, than the
    32        environment/index.html">litter.  That is his ultimate responsibility, but not every
    33        responsibility is more important or as important.
    34
    35   Q.   Did you say whether you went to speak to Mrs. Earle or not?
    36        A.  I cannot recall.  I know we replied to Mrs. Earle but
    37        I cannot recall whether I spoke to her or not.  I think
    38        I may have spoken to her, but I am not 100 per cent sure
    39        because it was over a year ago.
    40
    41   Q.   On page 784, this is a letter to Mr. Cobden.  This is
    42        November 1993:  "We are in full agreement with the points
    43        raised by Dr. Taylor and feel that your letter fails to
    44        meet the objections raised by local residents concerning",
    45        blank, "environment/index.html">litter", and then it goes on to talk about the
    46        refuse removal as well.
    47
    48        Going down the page, it says:  "On the subject of environment/index.html">litter
    49        that has been a marked improvement in the last few weeks
    50        and we do hope this effort will be sustained.  Enthusiastic 
    51        patrols have been known to vanish without trace on previous 
    52        occasions".  This is another residents association that 
    53        seems to believe that the environment/index.html">litter patrols are not undertaken
    54        on a regular basis.
    55        A.  That is their opinion, yes.
    56
    57   MR. RAMPTON:  One has to say, my Lord, that the Defendants must
    58        not fall into the trap of thinking that what is asserted in
    59        these letters is proof of anything at all apart from what
    60        is being said.  They had the opportunity, as your Lordship

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