Day 246 - 09 May 96 - Page 15
1 good idea if we call Miss Bensilum or Mr. Love so they can
2 explain about these documents because, really, I do not
3 actually know what they represent. I cannot really help
4 the court"?
5 A. No, I did not say that, nor did I say not to. I did
6 not say either, I left it solely to them.
7
8 Q. You are aware that you can sack your representing
9 solicitors if you are not happy with the way they are
10 carrying on in the case.
11
12 MR. JUSTICE BELL: In my experience of litigation, this line of
13 cross-examination, I have to say, is totally unrealistic.
14 I have represented small Plaintiffs, I have represented
15 large companies, and I have never heard a high executive in
16 any company tell his lawyers who should be called and who
17 should not be called in an action.
18
19 MS. STEEL: As long as it is still open to us at the end of the
20 case to say: "Why have the Plaintiffs not actually called
21 somebody who can" ----
22
23 MR. JUSTICE BELL: You can, but I do not think Mr. Preston can
24 help.
25
26 MS. STEEL: It is just because it frequently is said by
27 Mr. Rampton: "We decided this", "We decided that", as if
28 to get McDonald's off the hook. The point I am making is
29 that it is McDonald's claim.
30
31 MR. JUSTICE BELL: No, if you want to say they are hiding
32 someone because they do not want to give you the
33 opportunity of cross-examining them then you say it to me.
34 Whether I accept it will depend on whether I think there is
35 any merit in it. What I am saying is, at the moment, I do
36 not think -- I put it as bluntly as this -- any high
37 executive in any large company will be extremely well
38 advised to start telling his lawyers who they should and
39 should not call in a case in which his company is involved.
40
41 Mr. Rampton might turn round and say to Mr. Preston, "Well,
42 you row your own boat then".
43
44 MS. STEEL: Find a new solicitor and barrister who would act in
45 accordance with his wishes.
46
47 MR. JUSTICE BELL: No, it is not the way it works in my
48 experience.
49
50 MS. STEEL: You are quite content with the fact that
51 Ms. Bensilum and Mr. Love are not being called?
52 A. I am content to rely on the professional advice of my
53 solicitors and barristers, yes.
54
55 Q. When I say "you", I mean you representing the second
56 Plaintiff?
57 A. Yes.
58
59 Q. If we turn to page 7, this is the document headed
60 "McDonald's London Greenpeace Trial, Communications
