Day 012 - 18 Jul 94 - Page 50


     
     1
         MR. RAMPTON:  What one could not tell from looking at the
     2        letter is who actually drafted the text, could one?
              A.  No.
     3
         MR. JUSTICE BELL:  No, it does not tell you who did the
     4        drafting.
              A.  It does not.
     5
         MR. RAMPTON:  As his Lordship has just observed, or as you
     6        have, Mr. Gardner, and as we saw before lunch, had the
              handling of this matter for the Attorney General of Texas?
     7        A.  That is correct.
 
     8   Q.   If I make a statement which is correct please say so only
              because it has to be recorded, that is all, on the
     9        recording machine.  Can you help me about Mr. Gardner?  It
              may be, my Lord, in view of what Mr. Morris said this
    10        morning that Mr. Gardner is not going to be giving
              evidence in this court.
    11
         MR. JUSTICE BELL:  He is listed under Civil Evidence Act
    12        notices at the moment.
 
    13   MR. RAMPTON:  Whether he will materialise or not one does not
              know, but on the assumption he will not, Mr. Horwitz, how
    14        much experience have you had during your time at
              McDonald's of dealing with or, shall I say, lawyers in
    15        government office?
              A.  I have had extensive experience both during the time
    16        I was with McDonald's and prior to that time.
 
    17   Q.   How much experience did you have of Mr. Gardner during the
              course of these two connected but separate disputes, over
    18        the booklet and then the advertising campaign?
              A.  I was the point person for McDonald's on these matters
    19        and dealt with him on practically every occasion.
 
    20   Q.   On the telephone?
              A.  On the telephone and I believe on one occasion in
    21        person.
 
    22   Q.   In person?
              A.  Yes.
    23
         Q.   If we look at this letter on page 131, we see expressions
    24        like "the public" or "the customer should not be fooled
              into eating there; the new campaign appears to be intended
    25        to pull the wool over the public's eyes".  We in England
              might say, well, that is unusual sort of language for an 
    26        Attorney General to use.  Is it unusual for an American 
              state Attorney General to use? 
    27        A.  I think the answer to that is, yes.  In my experience,
              my opinion of Mr. Gardner is that he lacks the objectivity
    28        and impartiality that you would normally find in most
              professional law offices.
    29
         Q.   On what do you base that statement?
    30        A.  I base that on the basis that we have found it
              difficult, if not impossible, on many occasions to obtain

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