Day 188 - 15 Nov 95 - Page 76


     
     1
     2             "12.  Dismissal of trade unionists.  I was told
     3             to 'fuck off somewhere else', when I confronted
     4             the manager with the theft of the leaflets that
     5             I previously described.  I in fact left that
     6             night.  I have no other examples.
     7
     8             "13.  Other employees asked to join a trade
     9             union.  I asked everyone except the crew section
    10             leaders.  This was in May.  I do not know their
    11             names.  I asked them in the mess room breaks and
    12             at the end of the shift."
    13
    14        It is not dated.
    15
    16   MR. JUSTICE BELL:  Right.  Well, let us call it a day there.
    17        You can read Mr. McCann next week, when you are calling
    18        Irish witnesses.  10.30 on Monday.
    19
    20   MR. RAMPTON:  My Lord, there is only one thing.  I am sorry.  I
    21        was looking at Harry Lamb's statement, who is coming on
    22        Thursday.  Its last paragraph contains a rather curious
    23        statement.  I just do not know what it means.  I do not
    24        know if your Lordship can throw any light on it?
    25
    26   MR. JUSTICE BELL:  Let me just find it.
    27
    28   MR. RAMPTON:  Number 18, I think.  Sorry, 29.
    29
    30   MS. STEEL:  Do you want us to explain?
    31
    32   MR. RAMPTON:  No, I do not.
    33
    34   MR. MORRIS:  I know what it means, so it is better that
    35        I explain, surely?
    36
    37   MR. RAMPTON:  She says:  "I am aware that McDonald's have given
    38        an undertaking to the court that any contribution I make to
    39        the case is covered by legal privilege."  If that means she
    40        cannot be sued for what she says in court, of course, it is
    41        absolutely right.  I do not know what else it can mean.
    42
    43   MR. MORRIS:  If I explain, as I talked to her about it.  She
    44        said she wanted a guarantee that she will be protected
    45        appearing as a witness, because she was sued by McDonald's
    46        and forced to make an apology, or whatever, for things she
    47        had written in the past; and part of that agreement of
    48        course was not to repeat any of the things she had said
    49        before.  So she said she would appear as a witness, but
    50        only if she had a guarantee that she would be protected as 
    51        a witness from giving, you know, evidence in the witness 
    52        box; and I said, I reassured her.  My understanding was -- 
    53        and I think I did raise this earlier on in the case, in
    54        fact -- that she would be covered by legal privilege, i.e.,
    55        she is protected for what she says in the witness box.
    56
    57   MR. JUSTICE BELL:  What I suggest is that we take that out of
    58        her statement, because her understanding is wrong, in that
    59        McDonald's have not given an undertaking.  You correctly
    60        explained the law to her.

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