Day 145 - 29 Jun 95 - Page 54
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2 MR. MORRIS: It must be relevant. It goes to the credit of one
3 of our witnesses.
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5 MR. RAMPTON: That is why it is not necessarily relevant.
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7 MR. MORRIS: We have an entitlement to see it.
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9 MR. RAMPTON: My Lord, may we leave that until next week?
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11 MR. JUSTICE BELL: Raise it during next week's discussions.
12 There is the question of secondary evidence, quite apart
13 from discovery. I told you about secondary evidence some
14 months, did I not? By and large evidence of the contents
15 of a document is not admissible if the document itself is
16 available. That may be an over-simplification in some
17 cases.
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19 MR. RAMPTON: My Lord, there are some circumstances where
20 secondary is evidence permissible if the document or the
21 report of a document is apt in itself to constitute
22 admissible evidence, but it may not.
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24 MS. STEEL: If there is nothing else, there are these lists
25 here. Also there were a couple of other things that came
26 up within the last two days or so of documents which it
27 would be good to add to the list.
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29 MR. JUSTICE BELL: Shall I just read it through first of all?
30 Yes. You want to add to that?
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32 MS. STEEL: Yes. There were related turnover documents.
33 Mr. Stein said that the computer could do printouts of the
34 number of people that left versus the number of people that
35 were employed. I want to apply for that next week as well,
36 and also the OCLs for that are used in America. I will not
37 go into that, but if we just put it on the list.
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39 MR. MORRIS: There are also the documents referred to in the
40 Health and Safety Team Minutes, the UK, for the meeting of
41 7th April 1993, referred to McDonald's written response to
42 the Health and Safety Executive Report, and also that there
43 was a Hustle Review Report; the Gallin letter, if we could
44 add that to the list; there are the outstanding matters of
45 -- this is not employment -- the beef suppliers in the 70s
46 or the 80s, or both, which I think was being looked into
47 last time, I heard, and the Guatemala map that Mr. Gonzales
48 had seen of the sources of supplies in Guatemala, beef
49 supplies.
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51 I think those are the discovery matters. I think it might
52 be helpful on general, any other matters -- let me just
53 explain, "soya" on that list is because you asked us to put
54 our case on the soya issue which we claim is admitted, but
55 the Plaintiffs claim there is no evidence on. I have will
56 have to check back exactly what the debate was about that.
57 We might as well get a complete list of outstanding things,
58 even if we cannot go through them all.
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60 It may be useful to go through, I do not know if
