Day 059 - 01 Dec 94 - Page 72


     
     1   MR. RAMPTON:  No, my Lord.  I would rather that Mr. Morris kept
     2        off those documents that came out of the sack this
     3        morning.  I have not had a chance to talk Mr. Oakley.
     4        Mr. Oakley has not had a chance to look at them.  They
     5        should have been disclosed, I am not saying what the
     6        reasons why they were not, but they should been disclosed
     7        in time before Mr. Oakley came to give evidence.  I would
     8        rather they were kept over until tomorrow.
     9
    10   MS. STEEL:  They are not very long.  Why did Mr. Rampton not
    11        speak to Mr. Oakley at lunch time about it?
    12
    13   MR. RAMPTON:  I chose not to speak to Mr. Oakley at lunch time.
    14        I thought it better not to.
    15
    16   MR. JUSTICE BELL:  It is the same point as I sought to make the
    17        other day.  If things were happening as they should be,
    18        those documents would have been disclosed well before the
    19        witness got into the witness box.  He would have had an
    20        opportunity to consider them before he had began to give
    21        his evidence, which is what normally happens in litigation
    22        in this country.  Wait until tomorrow.  By that time he
    23        will have had an opportunity to consider them.
    24        Mr. Rampton, with my leave, will have had an opportunity to
    25        speak to him if he wants to, and you can put the documents
    26        to him then, by which time he will be in the same position
    27        as he would have been in as a witness if they had been
    28        served well ahead of them him going into the witness box.
    29
    30   MR. MORRIS:  I will not refer you to the document, but you are
    31        aware of the controversy in Germany over the so-called
    32        "trash tax" or "rubbish tax" and that McDonald's had some
    33        kind of appeal against some kind of taxation in Kassel
    34        which affected Germany as a whole?
    35        A.  I am not prepared to discuss it without seeing the
    36        document.  I have seen the document yet.  I will tell I am
    37        aware of some controversy in one or two cities, not in
    38        Germany in general as you indicated.
    39
    40   MR. JUSTICE BELL:  Leave it there.  Mr. Morris will come back to
    41        it tomorrow.
    42
    43   MR. MORRIS:  Just one further question on this subject.  Do most
    44        of the countries you are responsible for have a pilot
    45        scheme, such as Switzerland and England?
    46        A.  Most of the countries, no.
    47
    48   Q.   They do not?
    49        A.  Some do, but not most.
    50 
    51   MS. STEEL:  When you say that the customers in Nottingham did 
    52        not accept the project, in paragraph 10 you did use the 
    53        word "weight".  Is the reality that the vast majority of
    54        waste in the bin was, in fact, polystyrene?
    55        A.  No, and I did not say that the customers in Nottingham
    56        did not accept the project.
    57
    58   Q.   Well, you were implying they were not capable of ----
    59        A.  I was not.  I was answering a question relating to
    60        paragraph 10 and I thought I made it perfectly clear.

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