Day 187 - 13 Nov 95 - Page 42


     
     1
     2        I really do not see why we should be faced with what is a
     3        significant forensic or litigation disadvantage simply
     4        because the Defendants are not able to find one or more of
     5        those eight or nine witnesses for later this week.
     6
     7   MR. MORRIS:  Well, this is an unbelievable amount of fuss about
     8        nothing.  First of all, my understanding is that not a
     9        single word in the transcript is evidence; none of it could
    10        be a Civil Evidence Act notice, because they would all have
    11        to be recalled to be called as witnesses if the Plaintiffs
    12        wanted to use anything.  Secondly, the film gave a certain
    13        impression.  Mr. Nicholson and Ms. Anteneh both gave
    14        evidence that it was a generally accurate portrayal of life
    15        in a busy McDonald's.  I cannot see how the Plaintiffs can
    16        do better than that -- unless Mr. Rampton knows something
    17        that his own witnesses do not.
    18
    19        The rap session about pay, Ms. Anteneh, I believe, said
    20        something like that that was the most common thing people
    21        would say at rap sessions, about lack of pay being the
    22        worst at McDonald's, or something, or the wages.  That is
    23        only from memory.  I am not 100 per cent sure on that.  So
    24        I do not think the transcripts -- although I wanted to
    25        disclose them -- I have given my promise; I should not have
    26        said, when I said that I was going to disclose those
    27        transcripts, I had forgotten that I had actually given my
    28        word to Jane Gabriel that I would take instructions from
    29        her; and, as soon as she found out, she wanted them back.
    30        She has her own reasons, and it is not my place to go into
    31        that.
    32
    33        I have done everything I can to aid the Plaintiffs in this
    34        matter.  More than that, I cannot and will not do.  For
    35        Mr. Rampton to deplore my attitude and turn this into an
    36        attack on me I think is completely outrageous when, as far
    37        as I am concerned, if I give my word, I stick to it; and
    38        that is the way I am going to carry on with the rest of my
    39        life -- there is nothing he can do about that -- unless I
    40        am ordered by a court of law to do otherwise.
    41
    42        I did not slide Anne Tobin in as a pretext.  I was
    43        impressed upon to find somebody for this week -- including
    44        by Mr. Rampton -- and the list of witnesses that he read
    45        out, apart from the Logan and Beech -- sorry, Logan had to
    46        be put back because -- he did not have to be; I could call
    47        Mr. Logan, but I was asked to delay him.  Mr. Beech, I have
    48        been asked to delay.  Mr. Cranner was unavailable for this
    49        week, and I have now scheduled him tentatively for
    50        12th December.  Mr. Cantor and ----- 
    51 
    52   MR. JUSTICE BELL:  Wait a minute.  Who is that? 
    53
    54   MR. MORRIS:  Mr. Cranner.
    55
    56   MR. JUSTICE BELL:  I am sorry, but I asked you until further
    57        notice to keep the whole of that week -----
    58
    59   MR. MORRIS:  I said tentatively.  Mr. Cranner -- that was only
    60        tentatively.

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