Day 152 - 11 Jul 95 - Page 47


     
     1
     2                        (Luncheon adjournment)
     3
     4   MS. STEEL:  I do not know whether you just want us to say what
     5        the position is with regards to turnover because it is not
     6        necessarily something that we need to put to Mr. Davis.
     7
     8   MR. JUSTICE BELL:  Putting it is a way of bringing it out and
     9        you should put it to someone.
    10
    11   MS. STEEL:  Yes, I think we have put it to witnesses.
    12
    13   MR. JUSTICE BELL:  You have, but I am not sure you put it in
    14        exactly the same words, you see.  I do not want to check
    15        back over it all.  My point at this moment is partly this,
    16        that it is not necessary to check back over it all because
    17        if you are sure that you are accurate about what your case
    18        is now, you will have an opportunity to put it to Mr. Davis
    19        in due course, and I would invite you to do so.  I think if
    20        you check back over what has been suggested mostly by
    21        Mr. Morris to previous witnesses, you will find that the
    22        wording is not exactly the same.  The substance may be the
    23        same.
    24
    25        All I am saying is that it may be of some importance.
    26        I think it is a situation where a lot of members of the Bar
    27        would not trust themselves if they were just doing it as
    28        the words came into their mind each time to express it in
    29        exactly the same terminology each time.
    30
    31        In those circumstances, it is often worthwhile (and I have
    32        done it myself) actually to write it down, and then put it
    33        to a relevant witness and keep your note of what you have
    34        put and there can be no doubt about it.  Everyone will
    35        know, since it has been highlighted in this way, that that
    36        is what you mean to put and there can be no question of a
    37        slip of the tongue or whatever.
    38
    39        As far as I am concerned, it is no big deal as long as the
    40        time comes when you have actually thought about the exact
    41        wording and then put it to a witness because then everyone
    42        knows what the suggestion is.  That is all.
    43
    44   MS. STEEL:   Right.  I think the main point really is just the
    45        way Mr. Rampton portrays it is that it is our case that
    46        McDonald's deliberately and consciously tried to keep
    47        turnover as high as they possibly can, which is not what we
    48        have said.
    49
    50   MR. JUSTICE BELL:  What I have understood is because, rightly or 
    51        wrongly, I have been left with the impression that the 
    52        suggestions which Mr. Morris has put have rather grown in 
    53        strength as witnesses have been called.  He appeared to me
    54         -- in a sense it does not matter whether I am right or
    55        wrong, without looking back at the transcript, because you
    56        can put it to Mr. Davis, and then I will understand what
    57        the allegation is -- we started off in this case with a
    58        situation where it was suggested that the turnover of
    59        McDonald's crew was high, and although they might be making
    60        efforts to bring the figure down, it still stayed pretty

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