Day 152 - 11 Jul 95 - Page 47
1
2 (Luncheon adjournment)
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4 MS. STEEL: I do not know whether you just want us to say what
5 the position is with regards to turnover because it is not
6 necessarily something that we need to put to Mr. Davis.
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8 MR. JUSTICE BELL: Putting it is a way of bringing it out and
9 you should put it to someone.
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11 MS. STEEL: Yes, I think we have put it to witnesses.
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13 MR. JUSTICE BELL: You have, but I am not sure you put it in
14 exactly the same words, you see. I do not want to check
15 back over it all. My point at this moment is partly this,
16 that it is not necessary to check back over it all because
17 if you are sure that you are accurate about what your case
18 is now, you will have an opportunity to put it to Mr. Davis
19 in due course, and I would invite you to do so. I think if
20 you check back over what has been suggested mostly by
21 Mr. Morris to previous witnesses, you will find that the
22 wording is not exactly the same. The substance may be the
23 same.
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25 All I am saying is that it may be of some importance.
26 I think it is a situation where a lot of members of the Bar
27 would not trust themselves if they were just doing it as
28 the words came into their mind each time to express it in
29 exactly the same terminology each time.
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31 In those circumstances, it is often worthwhile (and I have
32 done it myself) actually to write it down, and then put it
33 to a relevant witness and keep your note of what you have
34 put and there can be no doubt about it. Everyone will
35 know, since it has been highlighted in this way, that that
36 is what you mean to put and there can be no question of a
37 slip of the tongue or whatever.
38
39 As far as I am concerned, it is no big deal as long as the
40 time comes when you have actually thought about the exact
41 wording and then put it to a witness because then everyone
42 knows what the suggestion is. That is all.
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44 MS. STEEL: Right. I think the main point really is just the
45 way Mr. Rampton portrays it is that it is our case that
46 McDonald's deliberately and consciously tried to keep
47 turnover as high as they possibly can, which is not what we
48 have said.
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50 MR. JUSTICE BELL: What I have understood is because, rightly or
51 wrongly, I have been left with the impression that the
52 suggestions which Mr. Morris has put have rather grown in
53 strength as witnesses have been called. He appeared to me
54 -- in a sense it does not matter whether I am right or
55 wrong, without looking back at the transcript, because you
56 can put it to Mr. Davis, and then I will understand what
57 the allegation is -- we started off in this case with a
58 situation where it was suggested that the turnover of
59 McDonald's crew was high, and although they might be making
60 efforts to bring the figure down, it still stayed pretty
