Day 149 - 06 Jul 95 - Page 33
1 that someone will mention a document which it has not
2 occurred to them to think about before or it has not
3 occurred to someone to ask about before. It is just a fact
4 of life that that happens in a case of this kind.
5
6 MR. RAMPTON: It does, yes.
7
8 MR. JUSTICE BELL: I am not going to offer any comment about
9 that one way or the other. What I am anxious is that the
10 possibility of that happening when Mr. Ray Cesca comes here
11 and gives evidence be reduced to an absolute minimum.
12
13 MR. RAMPTON: I quite agree with that. There are three
14 witnesses, in fact, in relation to Costa Rica. There is
15 Mr. Cesca. There are also two Costa Rican witnesses:
16 there is Mr. Cartona and Mr. Monroa, I think he calls
17 himself. Whether they will be able to offer your Lordship
18 historical geographical information, I just do not know.
19
20 MR. JUSTICE BELL: I have made my point yet again. So there we
21 are.
22
23 MR. RAMPTON: We will certainly make sure that Mr. Cesca -- he
24 has probably sworn an affidavit about this, anyway.
25
26 MR. JUSTICE BELL: He was going to look over parts which have
27 been highlighted, to save time, of Dr. Gomez Gonzales's
28 evidence, was he not?
29
30 MR. RAMPTON: Yes, I believe that he is. I hope we shall get a
31 chance to see him in good time before he gives evidence, so
32 that if there are any things like that, they can be cleared
33 up before he goes into the witness box. I believe he
34 spends more time in the air than any other McDonald's
35 employee.
36
37 My Lord, the next item was the documents relating to the
38 profit sharing scheme for hourly paid workers which,
39 I think, in fact, were mentioned by Mr. Stein in his
40 evidence. Plainly, since that is something which he
41 himself raised as a matter to the credit of McDonald's in
42 relation to employment, those documents exist, and they
43 should be disclosed, and we will go about doing that.
44 I think he said, from memory, that they were pinned up on
45 the notice boards in the restaurants.
46
47 MR. JUSTICE BELL: Yes. My memory does not serve me very well
48 in relation to that. I know he said at one stage --
49 I thought he was saying that there might be different
50 arrangements, that if it was not in the manual he was being
51 asked to look at, there was a provision for it somewhere.
52
53 MR. RAMPTON: That is what I thought he said. I do not say he
54 definitely said there were documents, but, plainly, if
55 there are documents, then they are relevant and we should
56 disclose them.
57
58 The notes of the people who went to find out who the people
59 were distributing this libel are, I have already said,
60 disclosable in so far as they are not privileged and in so
