Day 153 - 12 Jul 95 - Page 55


     
     1        have not got a witness who is going to specifically gainsay
     2        that, but you have said -- and particularly Mr. Morris has
     3        said -- "Well, I find that quite unbelievable", which is
     4        much the same as what I have just been saying.
     5
     6   MS. STEEL:  No.  I mean, I did say if they, you know -----
     7
     8   MR. JUSTICE BELL:  If the Plaintiffs do not call a witness who
     9        could possibly deal with it, then obviously you have no one
    10        to put your allegation to.  But if you do have a witness in
    11        the witness box who might reasonably be able to deal with
    12        an important allegation which you are making, you should
    13        put it.  I will be understanding about you not putting it,
    14        because you are not legally represented.  That does not
    15        amount to a suggestion that you are not doing the case
    16        perfectly well.  It is just because I think that is the
    17        fair attitude to adopt.  But if Mr. Rampton raises
    18        something which he wants put, you should put it.  If you do
    19        not put it and I think his intervention is justified, then
    20        I just end up putting it myself.
    21
    22   MR. RAMPTON:  Can I then mention the only three remaining things
    23        which, in my respectful submission, must be put or should
    24        be put because they reflect on Mr. Davis's integrity and,
    25        as your Lordship puts it, his character -- and I am using
    26        his two statements, Mr. Davis's two statements -- the
    27        allegation of favouritism which he deals with in
    28        paragraph 44 of his first statement because, plainly, that
    29        is a reflection on his character; the allegation of till
    30        manipulation which he deals with in paragraph 6 of his
    31        second statement; and the allegation of squeezing the fry
    32        box so as to defraud the customer, in paragraph 18 of his
    33        second statement.  I had thought that Ms. Steel was going
    34        to come to that earlier today, but in fact she veered off
    35        it.
    36
    37   MR. JUSTICE BELL:  For myself, I am not so concerned about the
    38        favouritism allegation.
    39
    40   MR. RAMPTON:  I can understand that.
    41
    42   MR. JUSTICE BELL:  But I do think you should put the other two
    43        matters.
    44
    45   MS. STEEL:  I hardly think the fry box is crucial.  I did not
    46        veer from it.  I just, I do not know, completely forgot
    47        about it.  Part of the general point -----
    48
    49   MR. JUSTICE BELL:  There you are, you have been reminded now.
    50 
    51   MS. STEEL:  I have not finished what I wanted to say, either. 
    52        I also wanted to ask:  if the Plaintiffs have already put a 
    53        matter to their witness -- for example, they put to
    54        Mr. Stanton the allegation concerning watering down
    55        ketchups and things like that, and he said, "No, it is not
    56        true" -- do we have to ask it again, just to get the same
    57        answer?
    58
    59   MR. JUSTICE BELL:  You should, strictly, go through it again and
    60        put the positive suggestion to him.  There is one reason

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