Day 070 - 20 Dec 94 - Page 51


     
     1        is a far greater problem that we have had with the
     2        Plaintiffs' witnesses is avoiding an issue that they do
     3        know something about.
     4
     5        Secondly, as has been said, I believe it was explained,
     6        that if a Plaintiff's witness who actually works for the
     7        company is told something by other people in the company,
     8        then that is evidence -- it is hearsay evidence -- because
     9        it is coming from the company.
    10
    11   MR. JUSTICE BELL:  I suggest that you leave it there.  You have
    12        heard me more than once -- I will not say it again --
    13        express my anxiety about witnesses vouching an opinion when
    14        it has become clear that they are not informed in that
    15        area.  That is my main anxiety because out of helpfulness
    16        (and most of the witnesses, if not all of them, have tried
    17        to be helpful in this case) they have pushed something
    18        forward and it might or might not be right.
    19
    20        What do you want to say about Dr. Gomez Gonzalez'
    21        consultations?  He appeared to have spoken to people back
    22        in America beyond the matters which he was going to speak
    23        to Mr. Rampton and/or any of McDonald's lawyers in this
    24        country about.  But, in future it is probably worth me
    25        warning people not to talk to people over the adjournments
    26        about the case.  If you particularly want me to do that
    27        with a particular witness, you must not hesitate to remind
    28        me of it.
    29
    30        But what, if any, harm are you saying has arisen here?  I
    31        mean, are you suggesting that Mr. Gomez Gonzalez
    32        intentionally sought to take an unfair advantage and, if
    33        so, in what way do you think you have been disadvantaged,
    34        or is it really just raising the point for the future?
    35
    36   MS. STEEL:   I think it is just a general worry, and it is also
    37        in relation to witnesses that are from the company that,
    38        obviously, work with other people from the company, and
    39        when they go back home or go back to work in between times
    40        when they are appearing in court, that they may be talking
    41        about the evidence or relevant issues within the company
    42        and that may affect the evidence that they give in court.
    43
    44   MR. JUSTICE BELL:  If you have a particular anxiety about it,
    45        I would like you to raise it before any particular witness
    46        leaves the witness box and we can consider what course to
    47        take.  I have to say, I think in Dr. Gomez Gonzalez' case
    48        the situation may well have arisen because he was being
    49        asked what he knew about various things and what he had
    50        been told about various things.  At the moment I have to 
    51        say I am inclined to think that he made enquiries the 
    52        better to answer that kind of question if it was raised 
    53        again.
    54
    55   MS. STEEL:   The first person he spoke to was, I think,
    56        Mr. Pattison.  I think that it was before we had even
    57        really started asking questions on that anyway but that is
    58         ---
    59
    60   MR. JUSTICE BELL:  You may be right about that.

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