Day 246 - 09 May 96 - Page 36
1 rather than on the motivation for bringing the action in
2 the first place.
3
4 MR. RAMPTON: That is why I stood up. It is because, to some
5 extent, they are connected, since one feature of the
6 defence to counterclaim is that.
7
8 MR. JUSTICE BELL: But I have had quite a lot of evidence
9 already from Mr. Preston. I am just seeking to discourage
10 the Plaintiffs from taking it further because I think the
11 opposing points of view have been sufficiently canvassed.
12
13 MR. RAMPTON: My Lord, I am not going to disagree with that.
14
15 MR. JUSTICE BELL: Anyway, bear it in mind. You have the
16 advantage over me in that you have -- it is not just a
17 question of us, we both read what is here -- the advantage
18 over me in that you look at them through the eyes of the
19 Plaintiffs and may well see something which I do not see.
20 So, I do not want to stop you putting questions. I would
21 like you to concentrate on the aspects I have just spoken
22 about.
23
24 MS. STEEL: OK. (To the witness): There is just one question
25 about page 14 which is that the B says: "M take high
26 ground and prebrief in response to inquiries".
27
28 That little symbol with M with a line through the middle of
29 it appears in quite a few documents. Is that a shorthand
30 for?
31 A. It is an abbreviation for McDonald's.
32
33 Q. I thought it probably was but I thought it was best to
34 check.
35
36 On page 16 there is further meeting on 21st March 1994.
37 Were you present at that meeting?
38 A. Not that I can recall.
39
40 Q. Do you know who attended it?
41 A. No.
42
43 Q. The same for 11th April 1994 which appears on page 18.
44 Were you present at that meeting?
45 A. No, I do not think so. Not that I can recall.
46
47 MR. MORRIS: Can I say, not going back on any rulings you have
48 made already on these documents, but it must be the case
49 that they should disclose who was present at these
50 meetings. If these meetings are relevant, and if we intend
51 to cross-examine Mr. Nicholson about them, or indeed any of
52 the inquiry agents, or anybody who might have been at the
53 meeting and still to come in this case, we should know who
54 was present at those meetings, and indeed if Mike Love and
55 Edi Bensilum were at those meetings and we want to draw the
56 conclusion why they have not been called ----
57
58 MS. STEEL: Or maybe even subpoena them.
59
60 MR. MORRIS: -- It cannot be irrelevant or privileged to know who
