Day 295 - 06 Nov 96 - Page 33


     
     1        I am just flagging them up, if you have notes on them or
     2        you come across them while you are reading other
     3        transcripts.
     4
     5        I have very nearly finished.  Is it possible to have five
     6        minutes?
     7
     8   MR. JUSTICE BELL:   Yes.
     9
    10                         (Short Adjournment)
    11
    12   MR. MORRIS:   Couple of final points, really.  Just one comment
    13        on the Civil Evidence Act notice statement of Toshio Hayshi
    14        of McDonald's Japan Limited, where we had said that --
    15        I can't remember his name now -- the head of McDonald's in
    16        Japan had stated: "We put chemicals in our hamburgers to
    17        make them tastier."  I think that is part of our
    18        pleadings.  Mr. Hayshi responds -- he is not the person, so
    19        he would not actually know if he said that anyway; and he
    20        is from the Public Relations Department of McDonald's
    21        there, so he would not actually know, also, about what
    22        happens in the processing factory.  But he does say that
    23        they do not put chemicals in their meat patties, which is
    24        something different from hamburgers.  We could take the
    25        view that there is -- what is the word -- semantic ---
    26
    27   MR. JUSTICE BELL:   What evidence -----
    28
    29   MR. MORRIS:  -- misunderstanding here.
    30
    31   MR. JUSTICE BELL:  What evidence is there of chemicals in
    32        the -----
    33
    34   MR. MORRIS:   There is chemicals in the hamburgers, because they
    35        put them in the sauces and in, for example, the flour
    36        improver -----
    37
    38   MR. JUSTICE BELL:  What evidence is there that the gentleman
    39        from McDonald's in Japan did actually say that?
    40
    41   MR. MORRIS:   I can't remember.  It was based upon a direct
    42        report in The Guardian on Saturday, April 28th, 1990.  The
    43        point is that there are chemicals in the hamburgers, not
    44        necessarily in the actual meat patties.  Whether he said it
    45        or not, we could argue, is immaterial anyway in this case.
    46        But, as far as I understand, the present law on hearsay,
    47        you have discretion to adopt any document as admissible
    48        evidence.  What weight you give to it is up to you, but
    49        -----
    50
    51   MR JUSTICE BELL:  Well, there is a difficulty with a newspaper
    52        report like that.
    53
    54   MR. MORRIS:   Not when it is quoting someone from -----
    55
    56   MR. RAMPTON:   My Lord, perhaps I can help at this stage?  The
    57        new Act, though in force, does not apply as yet -- unless
    58        there is some transitional provisions which make a
    59        difference -- does not apply to any proceedings begun
    60        before the Act came into force.  That is number one. Number

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