Day 006 - 05 Jul 94 - Page 54


     
     1   MISS STEEL:  Did I not remember you saying something to
              Mr. Justice Bell that environment/index.html">litter was as much of a problem in
     2        the United States?
              A.  I remember saying something about for a city of ---
     3
         Q.   Comparable?
     4        A.  -- 11.8 or 12 million people in the Metropolitan area
              versus whatever place else in the world on a like for like
     5        basis, I think we do pretty good.
 
     6   MR. MORRIS:  Just one point, as we are on that document on page
              101, you drew the court's attention to that, the Ronald
     7        McDonald's visit at the top of the page, point 3, page
              101, about needing "some of the crew and hostesses to help
     8        me when ronald mcdonald's comes and has a party and keep
              all the children in the area safe"?
     9        A.  I did.
 
    10   Q.   Do you know that there are statutory responsibilities for
              organising children's events?
    11        A.  I imagine there are.  I could not quote them verbatim,
              but I imagine there must be some.
    12
         Q.   Do you ensure there is always, for example, a first aider?
    13        A.  Every store has a first aider.
 
    14   Q.   Present in the area where there is a party?
              A.  If that is the procedure, then they should be there.
    15
         Q.   We will not go into this in detail, but is it not a fact
    16        that in Lichfield in 1994, a two year old, Thomas Firkin,
              died after falling on a hard floor from a special chair at
    17        a children's party inside the store; is that true?
              A.  It is true that a young fellow died.  It is also
    18        regrettable, but it did not happen as you say.  That has
              also thoroughly been investigated by an independent third
    19        party.  That is on record, I believe.
 
    20   MR. RAMPTON:  Unless this cross-examination is said to go to
              credit, it is inadmissible.  Mr. Morris knows perfectly
    21        well your Lordship has excluded by order an application to
              add allegations of this kind to the reamended defence.  It
    22        is no part of the defence.  Mr. Morris must satisfy your
              Lordship that in some sense that question goes to credit,
    23        or else it is inadmissible.
 
    24   MR. MORRIS:  It is relevant to children's parties.  It is
              relevant to ronald mcdonald -----
    25
         MR. JUSTICE BELL:  No, you have to make it relevant to some 
    26        issue in the case.  You have my ruling in relation to the 
              amendment which you sought. 
    27
         MR. MORRIS:  It is relevant to what we have just been
    28        discussing and about how, as has been stated, this whole
              look at parties and the functions of parties, and whether
    29        the company take their responsibilities seriously when
              they are organising a fun event so that the children's
    30        health needs are taken seriously.  In fact -----
 

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