Day 025 - 16 Sep 94 - Page 59


     
     1        but rather they were unable to tell us the response.
     2        I believe that to be a clever choice of words that may
     3        have, that I believe, frankly, was intentionally
     4        misleading.  They knew exactly what they were intending to
     5        do at the time which was to buy time in order to put out
     6        their own information, but they had made up their mind.
     7
     8   Q.   I do not doubt you may very well be right, Mr. Gardner,
     9        but do you not see the possibility, at least, that
    10        McDonald's were saying to themselves this:  "We have
    11        expended a good deal of time and money on this programme.
    12        We have already got the brochures in New York, New Jersey,
    13        Connecticut and the District of Columbia, we are going to
    14        develop this programme.  We are going to take the credit
    15        for it.  We did not see why Mr. Gardner and his cronnies
    16        should jump on the band wagon."  Do you not see that as a
    17        possibility?
    18        A.  The conclusion, therefrom, Mr. Rampton, is: "We will,
    19        therefore, mislead Mr. Gardner.  We will represent to
    20        Mr. Gardner; we will, in essence, misrepresent a fact
    21        gathering investigation by the chief law enforcement
    22        officers of the State of Texas and the State of California
    23        in order to gain this advantage."  I think it is entirely
    24        possible that it is true, that they decided to
    25        misrepresent the truth to us.  I believe it is also
    26        possible that that is a misrepresentation.
    27
    28        One way or the other, McDonald's at one step in the
    29        process in dealing with us or another misrepresented the
    30        truth to us.  Either they had all along planned to give
    31        out these brochures and through their own motives and for
    32        their own self-promotion, desired not to let anyone in on
    33        that including us and, therefore, misrepresented their
    34        plans to us; or they, in fact, did not plan to do so, and
    35        only did so as a result of contact by our office.
    36
    37   Q.   I am asking you whether you are prepared to accept that
    38        the first of those alternatives is a realistic
    39        possibility?
    40        A.  That they set out to lie to us?
    41
    42   Q.   That they set out to, to use an Americanism, if I may,
    43        with His Lordship's leave, "mind your own damn business"?
    44        A.  Then they set out deliberately and intentionally to
    45        violate the laws.
    46
    47   Q.   "Keep your snout out of their trough", if I may put it
    48        like that?
    49        A.  You may, Mr. Rampton, but they may not.  They have a
    50        duty under the laws of the State of Texas to tell the 
    51        truth to the investigators. 
    52 
    53   MR. JUSTICE BELL:  I am not sure if that is what you are asking
    54        about, is it?
    55
    56   MR. RAMPTON:  No.
    57
    58   MR. JUSTICE BELL:  It is when one come to 4th July weekend.
    59        What I think Mr. Rampton is suggesting is that they might
    60        have taken the view (justifiably Mr. Rampton is

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