Day 057 - 29 Nov 94 - Page 21
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2 MS. STEEL: No, they are the Plaintiffs' witnesses. They are
3 really the next issue as well, so .....
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5 MR. JUSTICE BELL: What is the position, Mr. Rampton, are they
6 witnesses whose statements you wish to rely on?
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8 MR. RAMPTON: I do not know where the witness statements,
9 whether they wound up, as they should have done, in your
10 Lordship's files or not. I do not believe that it is our
11 intention to call them anyway because they supply
12 McDonald's with only a tiny amount of material anyway, so
13 perhaps we can just forget about them.
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15 MR. JUSTICE BELL: I think if you can decide before the end of
16 this week whether they are going to be relied on or not; if
17 they are not, they can be forgotten or, at least so far as
18 I am concerned, until Ms. Steel or Mr. Morris raise a point
19 on it they can. If I am going to be asked to read them,
20 I must have copies and have them in the appropriate bundles
21 at the appropriate place.
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23 MR. MORRIS: Eva Marie Sasche -- I am doing this from memory --
24 as far as I was aware, the Plaintiffs were -----
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26 MR. JUSTICE BELL: She made a statement but you said it was not
27 clear to you, if my recollection serves me correctly,
28 whether it was actually proposed to call her or not. There
29 was some question as to her availability.
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31 MR. MORRIS: Yes, I think there was an indication tat she was
32 probably going to be called and, therefore, she would be
33 able to deal with some extra matters, some matters of
34 cross-examination we were concerned about.
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36 MR. JUSTICE BELL: Can you remember what they were?
37
38 MR. MORRIS: I think it came up in the whole discussion about
39 the lack of documents -- in fact, not one single document
40 had been disclosed relevant to Trade Unions in Germany --
41 and that our concerns were that those documents -- I think
42 it came up in that discussion -- that in any case the
43 Plaintiffs had indicated they were going to call her so we
44 could question her about those kinds of issues, or that
45 they may call her, so I think it needs to be clarified
46 really.
47
48 MR. JUSTICE BELL: Do you know what the position is,
49 Mr. Rampton? I think you were going to give an indication
50 of whether she was going to be called or not, were you
51 not?
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53 MR. RAMPTON: No, we thought we might; we had not made a
54 decision. Your Lordship said -- this is completely from
55 memory so it may be wrong -- if we were not going to call
56 her, then there were some interrogatories which it was
57 desirable we should answer. She is a long way in the
58 future because she is employment. So, we are talking
59 about, as matters presently stand, spring of next year. If
60 in the end we decide we are not going to call her, then we
