Day 072 - 12 Jan 95 - Page 66
1
2 Q. I missed the middle one. First of all, it was not just
3 McDonald's rubbish -- I am looking at the screen -- then
4 what the area was and then what the frequency was. Thank
5 you very much.
6
7 My Lord, despite a slight unease that there may be a
8 question or two I might have asked, it is better from
9 Mr. Stump's point view if I terminate my re-examination
10 there.
11
12 MR. JUSTICE BELL: Yes, there is nothing further you wish to
13 ask? (To the witness): Thank you, Mr. Stump. Mr. Hopkins
14 is available to start his evidence in the morning, is he?
15 I see he has been at court.
16
17 MR. MORRIS: Yes.
18
19 MR. JUSTICE BELL: Very well.
20
21 (The witness withdrew)
22
23 MR. MORRIS: Can I ask something; I was going to ask it before.
24 We have had a problem of people contacting us who work for
25 McDonald's and wanting to give evidence but being worried
26 about being sacked. We have told them that they are
27 covered by privilege. I do not know what, if anything, the
28 court can do in terms of maybe what I can say to them or
29 whether McDonald's can give an undertaking or something in
30 regard to anyone that comes forward. We would like
31 McDonald's to give an undertaking that anyone that gives
32 evidence for the Defence who is currently working for them
33 will not be sacked for that reason.
34
35 MR. JUSTICE BELL: I really do not think I can ask the company
36 to do that. Anything they say in the witness box is
37 covered by -- it is absolute privilege, is it not,
38 Mr. Rampton?
39
40 MR. RAMPTON: Yes, my Lord.
41
42 MR. JUSTICE BELL: So far as any claim for defamation or
43 anything like that is concerned, but I do not think
44 privilege is what you really had in mind. If someone were
45 to give evidence and it was demonstrated that they had lost
46 their employment with one of the parties to the litigation
47 because of that, then I suppose in certain circumstances,
48 if that were demonstrated to be so, that would be a
49 contempt of court, would it not, Mr. Rampton?
50
51 MR. RAMPTON: In certain circumstances, yes.
52
53 MR. JUSTICE BELL: In certain circumstances, yes.
54
55 MR. RAMPTON: Equally, my Lord, if it were demonstrated by
56 proof, according to the criminal standard, that a person,
57 whether McDonald's or any other person, had made a threat
58 to a potential witness, that would certainly be a
59 contempt. But we have no evidence that anything like that
60 has occurred. If Mr. Morris and Ms. Steel wish to put it
