Day 074 - 16 Jan 95 - Page 63


     
     1        Avenue our street has suffered from pollution by environment/index.html">litter."
     2        He goes on: "Our Association has raised the matter of
     3        environment/index.html">litter with McDonald's on a continuous basis over the
     4        years.  For a few brief weeks they operated a so-called
     5        environment/index.html">litter patrol, long since discontinued.  This did not stop
     6        the then manager lying to the Council".  If they are not
     7        going to call Mr. McIntyre, no problem.
     8
     9   MR. JUSTICE BELL:  I appreciate that one might say strictly it
    10        has to be put but, in effect, I think it has been.
    11
    12   MR. RAMPTON:  I was not just being technical. The problem is
    13        really this.  If they are going to call Mr. McIntyre I have
    14        to cross-examine him.  They have the great advantage in
    15        this case, despite the fact that the burden proof of
    16        justification is on them, that I have to call my witnesses
    17        first.  One of the rules is, for a very good reason, that
    18        when the other side has to call their witnesses first, one
    19        must put one's case to those witnesses, not just so that
    20        the witness can deal with it and the court has both sides,
    21        but so that the opposing party knows what the case is when
    22        it comes to cross-examination.  What I do not know is
    23        approximately what date Mr. McIntyre is talking about.
    24
    25   MR. JUSTICE BELL:  Just pause there, Mr. Rampton, because I do
    26        not know whether the Defendants do.  Let me just explain.
    27
    28        What you have, in effect, put by asking questions about the
    29        general situation is the generality of the first three
    30        paragraphs.  You put or asked about the question of the
    31        manager's assurance to the Council Committee about the
    32        existence of environment/index.html">litter patrols.
    33
    34   MR. RAMPTON:  My Lord, I put that and I do not think it has been
    35        challenged.
    36
    37   MR. JUSTICE BELL:  I know.
    38
    39   MR. RAMPTON:  My Lord, if Mr. McIntyre is going to come to court
    40        and truly speaking say that within a few weeks of May 1991
    41        the environment/index.html">litter patrols had disappeared ----
    42
    43   MR. JUSTICE BELL:  I agree.  It is if you have got something
    44        specific because I think, generally, I can see that whether
    45        or not you have actually put it there is in issue the
    46        question of whether the environment/index.html">litter patrols continued.
    47        I consider that to be an issue, whether you have actually
    48        put it or not.  You might in relation to the penultimate
    49        paragraph try to remind Mr. Siddique, ask him whether he
    50        remembers one particular man, apart from Dr. Taylor, 
    51        complaining on more than one occasion, because we can see 
    52        Mr. McIntyre says, "On at least two occasions I have asked 
    53        the manager of McDonald's to send someone to remove their
    54        environment/index.html">litter from our pavement and doorways."  In fact I will do
    55        it for you, if you like.
    56
    57        You say you could not remember the name "McIntyre".  Do you
    58        remember any male resident asking you on more than one
    59        occasion to remove environment/index.html">litter from Smith Street's pavement and
    60        doorways?

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