Day 187 - 13 Nov 95 - Page 42
1
2 I really do not see why we should be faced with what is a
3 significant forensic or litigation disadvantage simply
4 because the Defendants are not able to find one or more of
5 those eight or nine witnesses for later this week.
6
7 MR. MORRIS: Well, this is an unbelievable amount of fuss about
8 nothing. First of all, my understanding is that not a
9 single word in the transcript is evidence; none of it could
10 be a Civil Evidence Act notice, because they would all have
11 to be recalled to be called as witnesses if the Plaintiffs
12 wanted to use anything. Secondly, the film gave a certain
13 impression. Mr. Nicholson and Ms. Anteneh both gave
14 evidence that it was a generally accurate portrayal of life
15 in a busy McDonald's. I cannot see how the Plaintiffs can
16 do better than that -- unless Mr. Rampton knows something
17 that his own witnesses do not.
18
19 The rap session about pay, Ms. Anteneh, I believe, said
20 something like that that was the most common thing people
21 would say at rap sessions, about lack of pay being the
22 worst at McDonald's, or something, or the wages. That is
23 only from memory. I am not 100 per cent sure on that. So
24 I do not think the transcripts -- although I wanted to
25 disclose them -- I have given my promise; I should not have
26 said, when I said that I was going to disclose those
27 transcripts, I had forgotten that I had actually given my
28 word to Jane Gabriel that I would take instructions from
29 her; and, as soon as she found out, she wanted them back.
30 She has her own reasons, and it is not my place to go into
31 that.
32
33 I have done everything I can to aid the Plaintiffs in this
34 matter. More than that, I cannot and will not do. For
35 Mr. Rampton to deplore my attitude and turn this into an
36 attack on me I think is completely outrageous when, as far
37 as I am concerned, if I give my word, I stick to it; and
38 that is the way I am going to carry on with the rest of my
39 life -- there is nothing he can do about that -- unless I
40 am ordered by a court of law to do otherwise.
41
42 I did not slide Anne Tobin in as a pretext. I was
43 impressed upon to find somebody for this week -- including
44 by Mr. Rampton -- and the list of witnesses that he read
45 out, apart from the Logan and Beech -- sorry, Logan had to
46 be put back because -- he did not have to be; I could call
47 Mr. Logan, but I was asked to delay him. Mr. Beech, I have
48 been asked to delay. Mr. Cranner was unavailable for this
49 week, and I have now scheduled him tentatively for
50 12th December. Mr. Cantor and -----
51
52 MR. JUSTICE BELL: Wait a minute. Who is that?
53
54 MR. MORRIS: Mr. Cranner.
55
56 MR. JUSTICE BELL: I am sorry, but I asked you until further
57 notice to keep the whole of that week -----
58
59 MR. MORRIS: I said tentatively. Mr. Cranner -- that was only
60 tentatively.
