Day 074 - 16 Jan 95 - Page 65
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2 MR. JUSTICE BELL: Whether it is practicable or not, I do not
3 know, you have to try. If you were legally represented,
4 you see, someone by now would have spoken to Mr. McIntyre
5 and got some more detailed information from him and, in so
6 far as it related to Mr. Siddique, you would be putting it
7 to him as Mr. Rampton suggested. I am prepared to accept
8 that because of the burden of the case in other respects
9 you are not doing that or not always doing it as a
10 solicitor would, but you have to try to do it if you can in
11 cases where people are not just giving opinion on matters
12 of science, but may be actually saying what someone on the
13 McDonald's side said to them or specifically did.
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15 There we are. Carry on with the cross-examination. Get as
16 far as you can by 20 minutes past 4.
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18 MS. STEEL: As far as I am aware, everything in the statement
19 has been really covered, but if Mr. Rampton asks a question
20 about something, do we still have to ask a question about
21 the same thing just to kind of put it to the witness?
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23 MR. JUSTICE BELL: I am saying I do not think you have to if the
24 issue is absolutely clear.
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26 MR. RAMPTON: My Lord, that is not what I was suggesting. I was
27 suggesting if there was a positive case not revealed by
28 Mr. McIntyre's statement, then it must be put so that I can
29 deal with it.
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31 MR. JUSTICE BELL: I was hoping to say the same thing.
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33 MR. MORRIS: We are not sure what the positive case is.
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35 MR. RAMPTON: For example, what were the occasions when he spoke
36 to the manager? Was it Mr. Siddique? Was it in person or
37 on the telephone? For example, what does he mean by
38 "pollution from environment/index.html">litter"? Does he mean the odd clamshell?
39 Does he mean the odd paper bag or does he mean he has waded
40 through environment/index.html">litter for the last four years?
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42 MS. STEEL: We do not have that information.
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44 MR. JUSTICE BELL: I am sure that is an answer. An example
45 would be on the two occasions he might say, "One occasion
46 was around Christmas time 1991 when I specifically
47 complained because someone had dumped a whole carry-out bag
48 with everything in it outside the doorway to No. 12
49 Wellington Square" or whatever, and "Yes, I cannot remember
50 his name now, but it might well have been" I hope you will
51 not mind me saying this, "someone of either Indian or
52 Pakistan antecedents to whom I spoke", do you see what
53 I mean? That at least cuts the field down a bit. If you
54 have not got those kind of instructions from Mr. McIntyre,
55 you obviously cannot put it. If there is anything like
56 that you know of which relates to Mr. Siddique, put it to
57 him. You have, in effect, already said there is not.
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59 MS. STEEL: I have two photographs that Mr. McIntyre has given
60 us but I did not really know whether it was worth showing
