Day 007 - 06 Jul 94 - Page 50


     
     1
         MR. MORRIS:  Can I just finish?  Is there a possibility of Mr.
     2        Mallinson and Mr. Hopkins both being on Friday because it
              looks like ----
     3
         MR. JUSTICE BELL:   You promoted that possibility.  Mr. Rampton
     4        will think about.  It may be he will know the answer
              quickly.  It may be he will not.  You have raised that
     5        possibility now.  What I do think we should do is to
              resume at 5 past 2.  You cross-examine Mr. Kouchoukos on
     6        that which you want to cross-examine him, apart from his
              comments on Mr. Lipsett's statement.  In fact, he did take
     7        some because obviously we have to wait to see what Mr.
              Lipsett is going to say, and then a decision will have to
     8        be made as to whether there is any question of recall or
              Mr. Kouchoukos, or the matter can be left where it is or
     9        whatever.  I cannot possibly comment on that now, and no-
              one is asking me to.  Deal with your cross-examination of
    10        Mr. Kouchoukos except insofar as his evidence related to
              Mr. Lipsettt's statement.
    11
         MR. MORRIS:  Mr. Kouchoukos is not an employer of McDonald's.
    12        The plaintiffs will not be able to guarantee that he could
              be recalled.
    13
         MR. JUSTICE BELL:   I am not going to ask Mr. Kouchoukos to
    14        stay in this country until Mr. Lipsett comes just because
              he does not go away.
    15        A.  You are saying we are should not cross-examine him on
              the points he made in which case it would be our last
    16        chance to put those points to him.
 
    17   MR. JUSTICE BELL:   The point is that that is a matter in your
              favour.  If Mr. Kouchoukos has made comments on Mr.
    18        Lipsett, Mr. Kouchoukos goes back to the States, Mr.
              Lipsett makes his answers to Mr. Kouchoukos' comments.
    19        Either they will carry weight or they will not appear to
              be worthwhile.  I do not know.  Insofar as they do not
    20        appear to be worthwhile cross-examining Mr. Kouchoukos any
              further is not going improve your situation.  Insofar as
    21        Mr. Lipsett comes back with answers to Mr. Kouchoukos'
              evidence, that will be the state of play unless and until
    22        McDonald's bring Mr. Kouchoukos back.  So you will have
              Mr. Lipsett's answers unanswered unless McDonald's do
    23        bring him back.  However, it is quite apparent to me,
              because of the difficulties with getting witnesses here
    24        first, getting them here at convenient times second,
              getting them here  when witnesses on the other side are
    25        giving evidence third, that we have to get on with as much
              of each witness as we possibly can.  I will stick to five 
    26        past two.  At five past two do your cross-examination of 
              Mr. Kouchoukos, save insofar as he may comment on Mr. 
    27        Lipsett.  A lot of what he said was arithmetic which you
              have no need to comment on at all.  You have already made
    28        the point that he is not a McDonald's employee.  You are
              going to cross examine other people as to McDonald's
    29        attitudes, and decide what it is, if indeed anything,
              which you have actually got to ask Mr. Kouchoukos
    30        questions about.  You do not have to cross-examine him
              about the arithmetic.  If you go away and puzzle and we

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