Day 190 - 23 Nov 95 - Page 43
1 Mr. Rampton was arguing.
2
3 MR. MORRIS: No, except that Steve Percy, who made the
4 interview, could aver it if it was necessary. Obviously,
5 we are not -----
6
7 MR. JUSTICE BELL: There is no suggestion he was employed?
8
9 MR. MORRIS: No, no, he was not employed, no. There is no
10 suggestion that these were, you know, made off the cuff to
11 employees at all, and I do not accept Mr. Rampton's
12 characterisation on admissibility of hearsay could only,
13 well, just generally -----
14
15 MR. JUSTICE BELL: You see, what I thought you were going to
16 help me about was what, if any, steps you made to try and
17 find Mark Ryan or Lynval.
18
19 MR. MORRIS: Mark Ryan I have made no attempt to find, I am
20 quite happy to admit.
21
22 MR. JUSTICE BELL: When did you first know about -----
23
24 MR. MORRIS: Partly -- well, I knew about this statement it
25 would have been around 1992. That was partly because, of
26 course, I assumed that it would be able to be going in as
27 admissible evidence, hearsay evidence, from the person that
28 did the interview or transcribed the interviews - in this
29 case Harriet Lamb. I mean, also we assumed that he still
30 worked for McDonald's and, therefore, we would not be able
31 to call him as a witness but that was maybe our
32 misunderstanding of the law.
33
34 On the Lynval case it is slightly different. We wanted to
35 call Lynval because we were aware that he left the store.
36 I think it is somewhere in the transcript -- somewhere
37 I heard anyway, maybe from Harriet Lamb, that he left soon
38 afterwards, and we wanted to call him as a witness. I made
39 all diligent efforts to, first of all, find out what his
40 full name was, how to spell it -- there are two different
41 versions -- whether Harriet knew where he had gone, the
42 phone book, because we were quite keen to track him down to
43 call him as a witness, which I think is one reason it was
44 not provisionally mentioned in her witness statement of
45 December '93.
46
47 MR. JUSTICE BELL: When did you first know about Lynval, can you
48 remember now?
49
50 MR. MORRIS: This would, again, have been around 1992ish --
51 1992-93, and it really was absolutely impossible to trace
52 him, even to get his full name. I do not even know if
53 Lynval is his first or his second name. Harriet Lamb
54 thinks it is his second name, but he was only known as
55 Lynval in the store. It is possible that was his first or
56 second name. Obviously, if the Plaintiffs know his full
57 name and what happened to him all the better. But, you
58 know, we would argue against Mr. Rampton's submission in
59 any event. But if we can get this in as a Civil Evidence
60 Act notice on this particular matter -----
