Day 003 - 30 Jun 94 - Page 44


     
     1   MR. JUSTICE BELL:  What we could do is we could go on with
              Mr. Preston and then wherever we have got to at 12 noon
     2        tomorrow call Mr. Beavers.  Mr. Beavers, it appears to me,
              may be limited so far as your endeavours are concerned in
     3        this sense that he speaks about equal opportunities, and
              your case, having heard your opening, seems to me not that
     4        McDonald's is prejudiced against black people or women but
              just their working system means that they tend to employ
     5        numbers of disadvantaged people.  That is the drift as
              I understood it from your opening.  So it may be that you
     6        do not have very much to ask Mr. Beavers in
              cross-examination, but his second statement deals with
     7        environment/index.html">litter.
 
     8   MR. MORRIS:  I do not know if we have had that second
              statement.  I am not sure.
     9
         MR. JUSTICE BELL:  In volume 1 of the plaintiffs' statements at
    10        tab 3 I have a one page unsigned statement under
              Mr. Beavers' name, which does not in fact say more --
    11        paragraph 2 leave aside for the moment because that might
              be taken for comment -- paragraph 3 says no more than
    12        Mr. Preston has said in the course of his evidence this
              afternoon.
    13
         MR. MORRIS:  I think we did have this one, yes.  It is such a
    14        small statement.
 
    15   MR. JUSTICE BELL:  No one is going to take a point against you
              if indeed you chose not to cross-examine Mr. Beavers on
    16        those points and took it up with Mr. Preston instead, do
              you see?  It is not to deprive you of the opportunity to
    17        ask Mr. Beavers questions about it.
 
    18   MR. RAMPTON:  I should say this now.  I think I have said it
              before in chambers to your Lordship. I have no intention
    19        at any stage in this case, and I say it publicly, partly
              because it would be unattractive  and  unfair, partly
    20        because it would not appeal to your Lordship, to take a
              point, "Oh, that was never put".
    21
         MR. JUSTICE BELL:  Yes.  I remember you saying that.
    22
         MR. RAMPTON:  I am only concerned the defendants should have
    23        the opportunity to ask the questions they think they need
              to ask, any supplementary questions or lines of
    24        questioning suggested by your Lordship, at a time which
              allows Mr. Beavers to go back to America.
    25
         MR. JUSTICE BELL:  If we started Mr. Beavers at 12 noon there 
    26        is no risk of him not being finished by half past 3 or 4 
              o'clock tomorrow, is there, Miss Steel, Mr. Morris? 
    27
         MISS STEEL:  I do not think so.
    28
         MR. RAMPTON:  I will then finish.
    29
         MR. JUSTICE BELL:  Is there anyone who is inconvenienced if we
    30        sat on to about quarter to 5 to finish Mr. Preston in
              chief?  Then when you go away you know the whole of his

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