Day 149 - 06 Jul 95 - Page 41


     
     1
     2   MR. RAMPTON:  No.  She is a Civil Evidence Act; she is an
     3        American.
     4
     5   MS. STEEL:  We have not had a Civil Evidence Act notice from the
     6        Plaintiffs.
     7
     8   MR. RAMPTON:  Well, I tell you now.
     9
    10   MS. STEEL:   We want it in writing, if you are going to be
    11        awkward.
    12
    13        In any event, I wanted to add to this point that on
    14        previous occasions it has been said that we should turn to
    15        the Plaintiffs to see if they can assist where there is a
    16        problem.  For example, when the video that I used for the
    17        purposes of this case broke down, or last year Mr. Rampton
    18        talked about if there was anything we wanted assistance
    19        with, photocopying or phone calls, then we need only ask.
    20
    21        I think it is entirely reasonable that the Plaintiffs
    22        should pay for somebody to go through, comparing trial
    23        bundles with the statements that they served on us, because
    24        it was a problem that was created by them; it is not of our
    25        making.  We do not have the time to do it.  We have 5,001
    26        other things we have to get done; and there is absolutely
    27        no reason why the Plaintiffs should not pay for this.  If
    28        they cannot even to agree to this, if they cannot even
    29        agree to pay for this, which is a problem they have created
    30        but which only affects us, which we do not have the time to
    31        check, then that just shows up that their previous offers
    32        to provide assistance are a complete sham and offers that
    33        were made only made to prevent any adjournment and so to
    34        keep up the pressure on us.
    35
    36        The thing about hormones raised with Mr. Gomez Gonzalez,
    37        that he was actually relying on a couple of documents, and
    38        the Plaintiffs have said it is not pleaded.  I thought
    39        I had a recollection -- though I may be wrong and it may
    40        just be because I have read it thousands of times in the
    41        Plaintiffs' publicity -- that they have asserted, certainly
    42        in terms of this country, they do not use hormones.  They
    43        brought that up in someone's evidence-in-chief.  Perhaps
    44        I should check that up.  There is not any particular
    45        urgency about it, so maybe that could be left for now,
    46        since we are going to do a pleading on pesticides and
    47        hormones in any case.
    48
    49   MR. MORRIS:  The next item, the Gary Davies report.  I think it
    50        may be helpful -- the crucial matter is whether what we 
    51        have pleaded, or the spirit of what we have pleaded, is 
    52        true, that Gary Davies was disgruntled with the hours of 
    53        work he had to work and, therefore, had to take some kind
    54        of action -- which was obviously inappropriate but,
    55        unfortunately, was taken.  Therefore, if the report does
    56        not include details of that, then the application should be
    57        considered as an informal interrogatory for the Company to
    58        state what the circumstances were in terms of whether Gary
    59        Davies was working long hours.
    60

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