Day 006 - 05 Jul 94 - Page 81


     
     1   MR. RAMPTON:  I do ask the defendants to bear this in mind --
              I know I have said it before -- that Mr. Kouchoukos, as it
     2        has become apparent, is not a McDonald's person.  He is
              not the right person to ask question about McDonald's
     3        policies and attitudes, at least only to a limited
              extent.  As your Lordship will find, I will not ask him
     4        anything very much about that.
 
     5   MR. MORRIS:  We are basically agreeing to that proposal, but is
              it possible, because of the circumstances, if there is no
     6        time or if we miss out important cross-examination
              questions, we will be able to put those questions in some
     7        kind of written form and ask for an answer or expect an
              answer.
     8
         MR. JUSTICE BELL:  We can just see how we can pick up loose
     9        ends.  Remember, that if you were represented, Mr. Rampton
              and I would to some extent expect you actually to put what
    10        your case was to any McDonald's witnesses in so far as
              your case differed from their evidence.  No point is going
    11        to be taken if you do not do that.
 
    12        It does not mean to say that you are going to be stopped
              from challenging any evidence of theirs with which you
    13        disagree, but really what you have to concentrate on is
              asking questions as simply as you can, to test their
    14        evidence.  If you think, for instance, their evidence is
              contradicted by some good authority which would carry
    15        weight, you put that to them.
 
    16        What I do not think, if it has ever been in your mind, is
              that you ought to be seeking to impress by being very
    17        thorough in your cross-examination.  Some of the very best
              cross-examinations I have heard on the Bench or at the Bar
    18        have been extremely short and nonetheless effective for
              that.  So do not feel you have to go on at people for any
    19        set length of time in order to make a good point if you
              have one.
    20
         MR. MORRIS:  Yes.
    21
         MR. JUSTICE BELL:  Let us leave it there.  We will have
    22        Mr. Kouchoukos in the morning.  You will be expected to
              cross-examine him tomorrow.  Mr. Rampton will then call
    23        Professor Duxbury and if he can finish Professor Duxbury
              tomorrow, so much the better.
    24
         MR. RAMPTON:  Yes, then if I can I will start Mr. Langert.
    25
         MR. JUSTICE BELL:  If you start Mr. Langert, you will certainly 
    26        not be expected to cross-examine him tomorrow, so you can 
              be confident that you can do a bit of getting up to speed 
    27        on that tomorrow evening before Thursday at the earliest.
              Then we will come back to Mr. Preston when you are ready
    28        for that.  If by then some other alarm has occurred, we
              will consider the timetable then.
    29
         MR. MORRIS:  Can I bring up another matter briefly?
    30
         MR. JUSTICE BELL:  Yes.

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