Day 133 - 12 Jun 95 - Page 51


     
     1   MR. JUSTICE BELL:  I remember Mr. Morris saying something about
     2        it.  Did Ms. Steel say anything?
     3
     4   MR. RAMPTON:  Then I apologise to Ms. Steel and redirect my
     5        criticism at Mr. Morris.
     6
     7   MR. JUSTICE BELL:  At my suggestion he is leaving that over
     8        until tomorrow.  He may come back in the morning and I do
     9        not know what he will say one way or another.
    10
    11   MR. RAMPTON:  I do not believe it is right that that sort of
    12        cloud should be left over Mrs. Brinley-Codd and the witness
    13        undisturbed when it is quite plainly a false point.
    14
    15   MR. JUSTICE BELL:  It was not left over the witness.  It may be
    16        left over Mrs. Brinley-Codd.  I do not think any assumption
    17        should be made against anyone so far as discovery is
    18        concerned, including Mrs. Brinley-Codd, until we have all
    19        the information about it and we can see what, if any,
    20        consequence or conclusion, rather, has to be drawn.
    21
    22   MR. RAMPTON:  Mr. Morris, in my respectful submission, is far
    23        too free -- this is a comment I am bound to make at the end
    24        of the case; he fuels it practically every time he stands
    25        up -- with his accusations of dishonesty.  That was one of
    26        them and I wanted to clear it up.
    27
    28   MR. JUSTICE BELL:  He did not actually say it was dishonest.
    29
    30   MR. RAMPTON:  That was the implication.
    31
    32   MR. JUSTICE BELL:  He is not backward in coming forward when he
    33        does say something is dishonest.  He did not say
    34        Mrs. Brinley-Codd was being dishonest.  He was making an
    35        enquiry about it.
    36
    37   MR. RAMPTON:  No, it was either Mrs. Brinley-Codd or it was
    38        McDonald's because the whole thing was based on the premise
    39        that a wide-ranging application for discovery of turnover
    40        figures had been made.  It never has been; the application
    41        was quite different.
    42
    43   MR. JUSTICE BELL:  I am going to wait to see if Mr. Morris
    44        raises it in the morning or not.
    45
    46   MR. MORRIS:  That does raise an interesting question actually.
    47        (To the witness):  Are there no documents about what
    48        percentage of McDonald's workers do return within a year or
    49        something of leaving?
    50        A.  No.  We do not have anything that is possible like that 
    51        because, basically, each time a person starts they are set 
    52        up as a new record, and their employment ends and then they 
    53        restart.
    54
    55   Q.   So, in fact, you have absolutely no idea, in reality, you
    56        could not give evidence of what that percentage was?
    57        A.  No, I do not think so unless anecdotally to say that
    58        that is what happens, we see that it happens in
    59        restaurants, but there is not a document that would
    60        represent that.  The cross-reference that I would make

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