Day 190 - 23 Nov 95 - Page 43


     
     1        Mr. Rampton was arguing.
     2
     3   MR. MORRIS:  No, except that Steve Percy, who made the
     4        interview, could aver it if it was necessary.  Obviously,
     5        we are not -----
     6
     7   MR. JUSTICE BELL:  There is no suggestion he was employed?
     8
     9   MR. MORRIS:  No, no, he was not employed, no.  There is no
    10        suggestion that these were, you know, made off the cuff to
    11        employees at all, and I do not accept Mr. Rampton's
    12        characterisation on admissibility of hearsay could only,
    13        well, just generally -----
    14
    15   MR. JUSTICE BELL:  You see, what I thought you were going to
    16        help me about was what, if any, steps you made to try and
    17        find Mark Ryan or Lynval.
    18
    19   MR. MORRIS:  Mark Ryan I have made no attempt to find, I am
    20        quite happy to admit.
    21
    22   MR. JUSTICE BELL:  When did you first know about -----
    23
    24   MR. MORRIS:  Partly -- well, I knew about this statement it
    25        would have been around 1992.  That was partly because, of
    26        course, I assumed that it would be able to be going in as
    27        admissible evidence, hearsay evidence, from the person that
    28        did the interview or transcribed the interviews - in this
    29        case Harriet Lamb.  I mean, also we assumed that he still
    30        worked for McDonald's and, therefore, we would not be able
    31        to call him as a witness but that was maybe our
    32        misunderstanding of the law.
    33
    34        On the Lynval case it is slightly different.  We wanted to
    35        call Lynval because we were aware that he left the store.
    36        I think it is somewhere in the transcript -- somewhere
    37        I heard anyway, maybe from Harriet Lamb, that he left soon
    38        afterwards, and we wanted to call him as a witness.  I made
    39        all diligent efforts to, first of all, find out what his
    40        full name was, how to spell it -- there are two different
    41        versions -- whether Harriet knew where he had gone, the
    42        phone book, because we were quite keen to track him down to
    43        call him as a witness, which I think is one reason it was
    44        not provisionally mentioned in her witness statement of
    45        December '93.
    46
    47   MR. JUSTICE BELL:  When did you first know about Lynval, can you
    48        remember now?
    49
    50   MR. MORRIS:  This would, again, have been around 1992ish -- 
    51        1992-93, and it really was absolutely impossible to trace 
    52        him, even to get his full name.  I do not even know if 
    53        Lynval is his first or his second name.  Harriet Lamb
    54        thinks it is his second name, but he was only known as
    55        Lynval in the store.  It is possible that was his first or
    56        second name.  Obviously, if the Plaintiffs know his full
    57        name and what happened to him all the better.  But, you
    58        know, we would argue against Mr. Rampton's submission in
    59        any event.  But if we can get this in as a Civil Evidence
    60        Act notice on this particular matter -----

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