Day 072 - 12 Jan 95 - Page 66


     
     1
     2   Q.   I missed the middle one.  First of all, it was not just
     3        McDonald's rubbish -- I am looking at the screen -- then
     4        what the area was and then what the frequency was.  Thank
     5        you very much.
     6
     7        My Lord, despite a slight unease that there may be a
     8        question or two I might have asked, it is better from
     9        Mr. Stump's point view if I terminate my re-examination
    10        there.
    11
    12   MR. JUSTICE BELL:  Yes, there is nothing further you wish to
    13        ask?  (To the witness):  Thank you, Mr. Stump.  Mr. Hopkins
    14        is available to start his evidence in the morning, is he?
    15        I see he has been at court.
    16
    17   MR. MORRIS:  Yes.
    18
    19   MR. JUSTICE BELL:  Very well.
    20
    21                         (The witness withdrew)
    22
    23   MR. MORRIS:  Can I ask something; I was going to ask it before.
    24        We have had a problem of people contacting us who work for
    25        McDonald's and wanting to give evidence but being worried
    26        about being sacked.  We have told them that they are
    27        covered by privilege.  I do not know what, if anything, the
    28        court can do in terms of maybe what I can say to them or
    29        whether McDonald's can give an undertaking or something in
    30        regard to anyone that comes forward.  We would like
    31        McDonald's to give an undertaking that anyone that gives
    32        evidence for the Defence who is currently working for them
    33        will not be sacked for that reason.
    34
    35   MR. JUSTICE BELL:  I really do not think I can ask the company
    36        to do that.  Anything they say in the witness box is
    37        covered by -- it is absolute privilege, is it not,
    38        Mr. Rampton?
    39
    40   MR. RAMPTON:  Yes, my Lord.
    41
    42   MR. JUSTICE BELL:  So far as any claim for defamation or
    43        anything like that is concerned, but I do not think
    44        privilege is what you really had in mind.  If someone were
    45        to give evidence and it was demonstrated that they had lost
    46        their employment with one of the parties to the litigation
    47        because of that, then I suppose in certain circumstances,
    48        if that were demonstrated to be so, that would be a
    49        contempt of court, would it not, Mr. Rampton?
    50 
    51   MR. RAMPTON:  In certain circumstances, yes. 
    52 
    53   MR. JUSTICE BELL:  In certain circumstances, yes.
    54
    55   MR. RAMPTON:  Equally, my Lord, if it were demonstrated by
    56        proof, according to the criminal standard, that a person,
    57        whether McDonald's or any other person, had made a threat
    58        to a potential witness, that would certainly be a
    59        contempt.  But we have no evidence that anything like that
    60        has occurred.  If Mr. Morris and Ms. Steel wish to put it

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