Day 147 - 04 Jul 95 - Page 39


     
     1        will be contested and it is not something new."
     2
     3        In actual fact, Mr. Rampton muttered something about a
     4        supplemental statement immediately after.  It is not
     5        anything new.  It is, in fact, in my witness statement.  If
     6        Mr. Rampton had taken the trouble to read it properly, he
     7        would have seen it there.  I can point it out, if the court
     8        wants me to.
     9
    10   MR. RAMPTON:  My Lord, I took that to be somewhat ambiguous.
    11        The fact that there was some sort contest on this issue is
    12        not new, I quite agree.  What I took that to mean is that
    13        there was some good reason which Ms. Steel was not
    14        presently willing to reveal.  If I am told that there is
    15        nothing which is not in her witness statement, then I am
    16        perfectly content.
    17
    18   MR. JUSTICE BELL:  The position is this:  I have tried to be
    19        understanding about any witness you call who goes beyond
    20        what is in their disclosed witness statement, because
    21        I suspect you will remember some months ago (and I thought
    22        I saw a nod of acknowledgment from Mr. Morris at least)
    23        that what had happened is that a number of people have been
    24        approached; they have made, in effect, their own statements
    25        on what they thought was relevant, and you have not had an
    26        opportunity to speak to them in order to get an enlarged
    27        statement.  I am not talking about Ms. Hovi; we will put
    28        her in a compartment of her own for the time being.
    29
    30        It has had a lot of ramifications because, having taken
    31        that attitude in relation to your witnesses, it seemed
    32        quite unfair for me to take a stricter attitude in relation
    33        to McDonald's witnesses, even though McDonald's are legally
    34        represented, because I have to be even handed.
    35
    36        But the same does not apply to you, yourselves, because you
    37        can ask yourselves and each other at any time:  "Now, that
    38        is what is in my statement.  When I get into the witness
    39        box, if I do, and start giving evidence about whether I did
    40        or did not participate in the publication of this leaflet,
    41        what am I going to say?"  When you think about what you are
    42        going to say, you have to look at your statements and
    43        say: "Is it there?"  If it is not there, you have to write
    44        it down in an additional statement and serve it on
    45        Barlow's.  Since it is your own evidence, it is not a
    46        difficult exercise to go through.
    47
    48   MS. STEEL:  No.  OK, I will say what it is then.  When I said
    49        I do have a good reason for firm belief I was not handing
    50        out the leaflet, I was referring to the last paragraph on 
    51        the first page of my statement where I said:  "I do not 
    52        remember ever having handed out the leaflet complained of 
    53        in this action, as it was considered too lengthy to hand
    54        out and it was my understanding that it was saved
    55        specifically for persons who asked for more information
    56        about McDonald's."
    57
    58   MR. JUSTICE BELL:  In any event, I would like you to look at
    59        your statements again and go through the exercise I have
    60        just asked you to do, because if you then remember

Prev Next Index