Day 072 - 12 Jan 95 - Page 30
1 A. If there are trees in the way -----
2
3 MR. JUSTICE BELL: I have to say, my recollection is just
4 passing up and down the Kings Road from time to time, it
5 does not appear on the map but it is quite a wide square,
6 in fact?
7 A. It is quite a wide square, yes, sir.
8
9 Q. It is not just like looking across even a wide street; it
10 is further than that?
11 A. It would be quite hard to spot a straw wrapper from
12 that distance, I would say.
13
14 MS. STEEL: She is talking about cartons, not straw wrappers,
15 which are bright red.
16
17 MR. JUSTICE BELL: It may still be a good point that it is
18 easiest enough to stroll over there, but would it be easy
19 even to see a clamshell across the other side of the street
20 from the store?
21 A. I would say, yes, possibly, the colour of the
22 clamshells, you could see a shape across there. I do not
23 think you could define whether it is McDonald's or not, but
24 you could probably make a good guess that was. But the
25 manager has a lot of other responsibilities, to the crew
26 and the customers, as does the lobby host.
27
28 MS. STEEL: Which are more important than the responsibilities
29 for the neighbours?
30 A. In some respects, the health and safety of the
31 customers and crew are more important, yes, than the
32 environment/index.html">litter. That is his ultimate responsibility, but not every
33 responsibility is more important or as important.
34
35 Q. Did you say whether you went to speak to Mrs. Earle or not?
36 A. I cannot recall. I know we replied to Mrs. Earle but
37 I cannot recall whether I spoke to her or not. I think
38 I may have spoken to her, but I am not 100 per cent sure
39 because it was over a year ago.
40
41 Q. On page 784, this is a letter to Mr. Cobden. This is
42 November 1993: "We are in full agreement with the points
43 raised by Dr. Taylor and feel that your letter fails to
44 meet the objections raised by local residents concerning",
45 blank, "environment/index.html">litter", and then it goes on to talk about the
46 refuse removal as well.
47
48 Going down the page, it says: "On the subject of environment/index.html">litter
49 that has been a marked improvement in the last few weeks
50 and we do hope this effort will be sustained. Enthusiastic
51 patrols have been known to vanish without trace on previous
52 occasions". This is another residents association that
53 seems to believe that the environment/index.html">litter patrols are not undertaken
54 on a regular basis.
55 A. That is their opinion, yes.
56
57 MR. RAMPTON: One has to say, my Lord, that the Defendants must
58 not fall into the trap of thinking that what is asserted in
59 these letters is proof of anything at all apart from what
60 is being said. They had the opportunity, as your Lordship
