Day 006 - 05 Jul 94 - Page 81
1 MR. RAMPTON: I do ask the defendants to bear this in mind --
I know I have said it before -- that Mr. Kouchoukos, as it
2 has become apparent, is not a McDonald's person. He is
not the right person to ask question about McDonald's
3 policies and attitudes, at least only to a limited
extent. As your Lordship will find, I will not ask him
4 anything very much about that.
5 MR. MORRIS: We are basically agreeing to that proposal, but is
it possible, because of the circumstances, if there is no
6 time or if we miss out important cross-examination
questions, we will be able to put those questions in some
7 kind of written form and ask for an answer or expect an
answer.
8
MR. JUSTICE BELL: We can just see how we can pick up loose
9 ends. Remember, that if you were represented, Mr. Rampton
and I would to some extent expect you actually to put what
10 your case was to any McDonald's witnesses in so far as
your case differed from their evidence. No point is going
11 to be taken if you do not do that.
12 It does not mean to say that you are going to be stopped
from challenging any evidence of theirs with which you
13 disagree, but really what you have to concentrate on is
asking questions as simply as you can, to test their
14 evidence. If you think, for instance, their evidence is
contradicted by some good authority which would carry
15 weight, you put that to them.
16 What I do not think, if it has ever been in your mind, is
that you ought to be seeking to impress by being very
17 thorough in your cross-examination. Some of the very best
cross-examinations I have heard on the Bench or at the Bar
18 have been extremely short and nonetheless effective for
that. So do not feel you have to go on at people for any
19 set length of time in order to make a good point if you
have one.
20
MR. MORRIS: Yes.
21
MR. JUSTICE BELL: Let us leave it there. We will have
22 Mr. Kouchoukos in the morning. You will be expected to
cross-examine him tomorrow. Mr. Rampton will then call
23 Professor Duxbury and if he can finish Professor Duxbury
tomorrow, so much the better.
24
MR. RAMPTON: Yes, then if I can I will start Mr. Langert.
25
MR. JUSTICE BELL: If you start Mr. Langert, you will certainly
26 not be expected to cross-examine him tomorrow, so you can
be confident that you can do a bit of getting up to speed
27 on that tomorrow evening before Thursday at the earliest.
Then we will come back to Mr. Preston when you are ready
28 for that. If by then some other alarm has occurred, we
will consider the timetable then.
29
MR. MORRIS: Can I bring up another matter briefly?
30
MR. JUSTICE BELL: Yes.
