Day 057 - 29 Nov 94 - Page 21


     
     1
     2   MS. STEEL:  No, they are the Plaintiffs' witnesses.  They are
     3        really the next issue as well, so .....
     4
     5   MR. JUSTICE BELL:  What is the position, Mr. Rampton, are they
     6        witnesses whose statements you wish to rely on?
     7
     8   MR. RAMPTON:  I do not know where the witness statements,
     9        whether they wound up, as they should have done, in your
    10        Lordship's files or not.  I do not believe that it is our
    11        intention to call them anyway because they supply
    12        McDonald's with only a tiny amount of material anyway, so
    13        perhaps we can just forget about them.
    14
    15   MR. JUSTICE BELL:  I think if you can decide before the end of
    16        this week whether they are going to be relied on or not; if
    17        they are not, they can be forgotten or, at least so far as
    18        I am concerned, until Ms. Steel or Mr. Morris raise a point
    19        on it they can.  If I am going to be asked to read them,
    20        I must have copies and have them in the appropriate bundles
    21        at the appropriate place.
    22
    23   MR. MORRIS:  Eva Marie Sasche -- I am doing this from memory --
    24        as far as I was aware, the Plaintiffs were -----
    25
    26   MR. JUSTICE BELL:  She made a statement but you said it was not
    27        clear to you, if my recollection serves me correctly,
    28        whether it was actually proposed to call her or not.  There
    29        was some question as to her availability.
    30
    31   MR. MORRIS:  Yes, I think there was an indication tat she was
    32        probably going to be called and, therefore, she would be
    33        able to deal with some extra matters, some matters of
    34        cross-examination we were concerned about.
    35
    36   MR. JUSTICE BELL:  Can you remember what they were?
    37
    38   MR. MORRIS:  I think it came up in the whole discussion about
    39        the lack of documents -- in fact, not one single document
    40        had been disclosed relevant to Trade Unions in Germany --
    41        and that our concerns were that those documents -- I think
    42        it came up in that discussion -- that in any case the
    43        Plaintiffs had indicated they were going to call her so we
    44        could question her about those kinds of issues, or that
    45        they may call her, so I think it needs to be clarified
    46        really.
    47
    48   MR. JUSTICE BELL:  Do you know what the position is,
    49        Mr. Rampton?  I think you were going to give an indication
    50        of whether she was going to be called or not, were you 
    51        not? 
    52 
    53   MR. RAMPTON:  No, we thought we might; we had not made a
    54        decision.  Your Lordship said -- this is completely from
    55        memory so it may be wrong -- if we were not going to call
    56        her, then there were some interrogatories which it was
    57        desirable we should answer.  She is a long way in the
    58        future because she is employment.  So, we are talking
    59        about, as matters presently stand, spring of next year.  If
    60        in the end we decide we are not going to call her, then we

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