Day 074 - 16 Jan 95 - Page 63
1 Avenue our street has suffered from pollution by environment/index.html">litter."
2 He goes on: "Our Association has raised the matter of
3 environment/index.html">litter with McDonald's on a continuous basis over the
4 years. For a few brief weeks they operated a so-called
5 environment/index.html">litter patrol, long since discontinued. This did not stop
6 the then manager lying to the Council". If they are not
7 going to call Mr. McIntyre, no problem.
8
9 MR. JUSTICE BELL: I appreciate that one might say strictly it
10 has to be put but, in effect, I think it has been.
11
12 MR. RAMPTON: I was not just being technical. The problem is
13 really this. If they are going to call Mr. McIntyre I have
14 to cross-examine him. They have the great advantage in
15 this case, despite the fact that the burden proof of
16 justification is on them, that I have to call my witnesses
17 first. One of the rules is, for a very good reason, that
18 when the other side has to call their witnesses first, one
19 must put one's case to those witnesses, not just so that
20 the witness can deal with it and the court has both sides,
21 but so that the opposing party knows what the case is when
22 it comes to cross-examination. What I do not know is
23 approximately what date Mr. McIntyre is talking about.
24
25 MR. JUSTICE BELL: Just pause there, Mr. Rampton, because I do
26 not know whether the Defendants do. Let me just explain.
27
28 What you have, in effect, put by asking questions about the
29 general situation is the generality of the first three
30 paragraphs. You put or asked about the question of the
31 manager's assurance to the Council Committee about the
32 existence of environment/index.html">litter patrols.
33
34 MR. RAMPTON: My Lord, I put that and I do not think it has been
35 challenged.
36
37 MR. JUSTICE BELL: I know.
38
39 MR. RAMPTON: My Lord, if Mr. McIntyre is going to come to court
40 and truly speaking say that within a few weeks of May 1991
41 the environment/index.html">litter patrols had disappeared ----
42
43 MR. JUSTICE BELL: I agree. It is if you have got something
44 specific because I think, generally, I can see that whether
45 or not you have actually put it there is in issue the
46 question of whether the environment/index.html">litter patrols continued.
47 I consider that to be an issue, whether you have actually
48 put it or not. You might in relation to the penultimate
49 paragraph try to remind Mr. Siddique, ask him whether he
50 remembers one particular man, apart from Dr. Taylor,
51 complaining on more than one occasion, because we can see
52 Mr. McIntyre says, "On at least two occasions I have asked
53 the manager of McDonald's to send someone to remove their
54 environment/index.html">litter from our pavement and doorways." In fact I will do
55 it for you, if you like.
56
57 You say you could not remember the name "McIntyre". Do you
58 remember any male resident asking you on more than one
59 occasion to remove environment/index.html">litter from Smith Street's pavement and
60 doorways?
