Day 059 - 01 Dec 94 - Page 72
1 MR. RAMPTON: No, my Lord. I would rather that Mr. Morris kept
2 off those documents that came out of the sack this
3 morning. I have not had a chance to talk Mr. Oakley.
4 Mr. Oakley has not had a chance to look at them. They
5 should have been disclosed, I am not saying what the
6 reasons why they were not, but they should been disclosed
7 in time before Mr. Oakley came to give evidence. I would
8 rather they were kept over until tomorrow.
9
10 MS. STEEL: They are not very long. Why did Mr. Rampton not
11 speak to Mr. Oakley at lunch time about it?
12
13 MR. RAMPTON: I chose not to speak to Mr. Oakley at lunch time.
14 I thought it better not to.
15
16 MR. JUSTICE BELL: It is the same point as I sought to make the
17 other day. If things were happening as they should be,
18 those documents would have been disclosed well before the
19 witness got into the witness box. He would have had an
20 opportunity to consider them before he had began to give
21 his evidence, which is what normally happens in litigation
22 in this country. Wait until tomorrow. By that time he
23 will have had an opportunity to consider them.
24 Mr. Rampton, with my leave, will have had an opportunity to
25 speak to him if he wants to, and you can put the documents
26 to him then, by which time he will be in the same position
27 as he would have been in as a witness if they had been
28 served well ahead of them him going into the witness box.
29
30 MR. MORRIS: I will not refer you to the document, but you are
31 aware of the controversy in Germany over the so-called
32 "trash tax" or "rubbish tax" and that McDonald's had some
33 kind of appeal against some kind of taxation in Kassel
34 which affected Germany as a whole?
35 A. I am not prepared to discuss it without seeing the
36 document. I have seen the document yet. I will tell I am
37 aware of some controversy in one or two cities, not in
38 Germany in general as you indicated.
39
40 MR. JUSTICE BELL: Leave it there. Mr. Morris will come back to
41 it tomorrow.
42
43 MR. MORRIS: Just one further question on this subject. Do most
44 of the countries you are responsible for have a pilot
45 scheme, such as Switzerland and England?
46 A. Most of the countries, no.
47
48 Q. They do not?
49 A. Some do, but not most.
50
51 MS. STEEL: When you say that the customers in Nottingham did
52 not accept the project, in paragraph 10 you did use the
53 word "weight". Is the reality that the vast majority of
54 waste in the bin was, in fact, polystyrene?
55 A. No, and I did not say that the customers in Nottingham
56 did not accept the project.
57
58 Q. Well, you were implying they were not capable of ----
59 A. I was not. I was answering a question relating to
60 paragraph 10 and I thought I made it perfectly clear.
