Day 259 - 10 Jun 96 - Page 29
1 Q. -- that have been written, number of individual cases?
2 A. No. I have no idea how they record their
3 correspondence.
4
5 MR. MORRIS: Just one question, I think.
6
7 MR. JUSTICE BELL: Make this your last, and then we will close
8 the cross-examination.
9
10 MR. MORRIS: We do not have to turn it up, but you can take my
11 word for it. You answered an interrogatory under oath on
12 22nd June 1994, regarding: had McDonald's in Japan used
13 beef originated in Costa Rica? You said you had no
14 personal knowledge of that (which does not surprise me).
15 But to the best of your information so obtained, the answer
16 is "no". Who did you actually ask about that?
17 A. He is the owner of McDonald's in Japan. I have met him
18 several times. I just cannot think of his name. But
19 I actually got in touch with him and asked him, and he said
20 no.
21
22 Q. That was the basis for that making that ---
23 A. Yes.
24
25 Q. -- statement?
26 A. Yes. I took his word for it.
27
28 MS. STEEL: You did not ask the purchasing department or anyone
29 like that in Japan?
30 A. No. I had met this chap on several occasions, and I am
31 able to speak to him personally.
32
33 MR. MORRIS: Generally, when it comes to your -----
34
35 MR. JUSTICE BELL: I am going to stop you there. You have had
36 the time I gave you. I have to say that I think this is a
37 very peripheral matter, just who Mr. Nicholson asked for
38 information about this or that, and this case will not be
39 decided on a matter like that.
40
41 MR. MORRIS: As long as it applies to all his interrogatories
42 where he has sought information.
43
44 MR. JUSTICE BELL: I am not -----
45
46 MR. MORRIS: It is only hearsay and, therefore, it cannot be
47 used as evidence.
48
49 MR. JUSTICE BELL: Well, it is not evidence unless you actually
50 put the interrogatory in in order to rely upon the answer.
51
52 MR. MORRIS: The Plaintiffs have not done that, so none of the
53 interrogatories ------
54
55 MR. JUSTICE BELL: The Plaintiffs cannot do it. If you ask an
56 interrogatory and get an answer, it is of no evidential
57 value. It is of value as information, but the person who
58 asked the interrogatory and gets the answer can, if they
59 choose, put the answer in and rely upon it as a true
60 answer. But it is entirely up to them.
