Day 074 - 16 Jan 95 - Page 65


     
     1
     2   MR. JUSTICE BELL:  Whether it is practicable or not, I do not
     3        know, you have to try.  If you were legally represented,
     4        you see, someone by now would have spoken to Mr. McIntyre
     5        and got some more detailed information from him and, in so
     6        far as it related to Mr. Siddique, you would be putting it
     7        to him as Mr. Rampton suggested.  I am prepared to accept
     8        that because of the burden of the case in other respects
     9        you are not doing that or not always doing it as a
    10        solicitor would, but you have to try to do it if you can in
    11        cases where people are not just giving opinion on matters
    12        of science, but may be actually saying what someone on the
    13        McDonald's side said to them or specifically did.
    14
    15        There we are.  Carry on with the cross-examination.  Get as
    16        far as you can by 20 minutes past 4.
    17
    18   MS. STEEL:  As far as I am aware, everything in the statement
    19        has been really covered, but if Mr. Rampton asks a question
    20        about something, do we still have to ask a question about
    21        the same thing just to kind of put it to the witness?
    22
    23   MR. JUSTICE BELL:  I am saying I do not think you have to if the
    24        issue is absolutely clear.
    25
    26   MR. RAMPTON:  My Lord, that is not what I was suggesting.  I was
    27        suggesting if there was a positive case not revealed by
    28        Mr. McIntyre's statement, then it must be put so that I can
    29        deal with it.
    30
    31   MR. JUSTICE BELL:  I was hoping to say the same thing.
    32
    33   MR. MORRIS:  We are not sure what the positive case is.
    34
    35   MR. RAMPTON:  For example, what were the occasions when he spoke
    36        to the manager?  Was it Mr. Siddique?  Was it in person or
    37        on the telephone?  For example, what does he mean by
    38        "pollution from environment/index.html">litter"? Does he mean the odd clamshell?
    39        Does he mean the odd paper bag or does he mean he has waded
    40        through environment/index.html">litter for the last four years?
    41
    42   MS. STEEL:  We do not have that information.
    43
    44   MR. JUSTICE BELL:  I am sure that is an answer.  An example
    45        would be on the two occasions he might say, "One occasion
    46        was around Christmas time 1991 when I specifically
    47        complained because someone had dumped a whole carry-out bag
    48        with everything in it outside the doorway to No. 12
    49        Wellington Square" or whatever, and "Yes, I cannot remember
    50        his name now, but it might well have been" I hope you will 
    51        not mind me saying this, "someone of either Indian or 
    52        Pakistan antecedents to whom I spoke", do you see what 
    53        I mean?  That at least cuts the field down a bit.  If you
    54        have not got those kind of instructions from Mr. McIntyre,
    55        you obviously cannot put it.  If there is anything like
    56        that you know of which relates to Mr. Siddique, put it to
    57        him.  You have, in effect, already said there is not.
    58
    59   MS. STEEL:  I have two photographs that Mr. McIntyre has given
    60        us but I did not really know whether it was worth showing

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