Day 168 - 03 Oct 95 - Page 29


     
     1        that insofar as it is fair to do so.
     2
     3   MR. MORRIS:  He has said -- I mean, basically in his statement
     4        Mr. Logan has said that -----
     5
     6   MR. JUSTICE BELL:  Direct me to it.  That is what I am giving
     7        you the opportunity to do.
     8
     9   MR. MORRIS:  On page 4 of his statement he says:  "I once
    10        witnessed the Manager randomly clock time from people's
    11        clock card reports just to reduce labour, although I think
    12        this was a rare incident".  It is only when I spoke to him
    13        on the phone that he said he believed that was Sean
    14        Richards.
    15
    16   MR. JUSTICE BELL:  That does not give any intimation who the
    17        actual Manager is.
    18
    19   MR. MORRIS:  That is why I put it to the witness, to give him a
    20        chance to say "no".
    21
    22   MR. JUSTICE BELL:  I am sorry.  I have to put my foot down
    23        sooner or later about this.
    24
    25   MR. MORRIS:  All right then.  OK.  I will move on then.
    26
    27   MR. JUSTICE BELL:  I am not doing it now to make an example of
    28        you, but if the net result is that you appreciate that you
    29        must give notice in some form or other of extra information
    30        which you have obtained before the McDonald's relevant
    31        witness is called, then that is no bad thing.  In fact, it
    32        will be a good thing so far as the future procedure is
    33        concerned.
    34
    35   MS. STEEL:   Can I say something?
    36
    37   MR. JUSTICE BELL:  It is no answer, as Ms. Steel suggested a
    38        moment ago when we were talking about credit, to say:
    39         "Well, it may have been done by McDonald's", because if
    40        the objections are taken, I have to take them as they come.
    41
    42
    43        It is becoming more and more apparent to me -- I am not
    44        suggesting that it is by any design on your part -- there
    45        is a very great risk that as we go through the witnesses
    46        dealing with specific alleged malpractices at specific
    47        locations, you are going to get information at the last
    48        minute and not give any notice of it to those who represent
    49        McDonald's.  As I said long ago in the case, we are long
    50        past the days when that was acceptable in civil litigation 
    51        in this country. 
    52 
    53   MS. STEEL:   If I could just say a few things?  Firstly, that
    54        obviously not having any legal experience, we do tend to go
    55        on what the Plaintiffs do.  We assume that we will be
    56        allowed to do the same.  So we are learning as we are going
    57        along.
    58
    59        Secondly, that obviously we do not have the time to take as
    60        detailed statements as we would otherwise like to have

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