Day 010 - 11 Jul 94 - Page 14


     
     1   MR. JUSTICE BELL:  You have to try to devise some way of
              getting them in advance.  I do not know what problems that
     2        will run us into.  We will have to wait and see.
 
     3   MR. MORRIS:  Yes.  Frankly, it is a miracle we managed to get
              enough copies made this morning to provide everyone in
     4        court.  I bear in mind we did get them as quickly as we
              possibly could.
     5
         MR. JUSTICE BELL:  I appreciate you may have difficulty, but
     6        with you, as with McDonald's, the ultimate sanction which
              I hope we do not come to is, if sufficient notice is not
     7        given, the witness cannot refer to them because, whether
              the documents produced by McDonald's or by you, the other
     8        side has to have sufficient time to consider it and see
              where it takes them?
     9        A.  Can I comment on that?
 
    10   MR. JUSTICE BELL:  Yes.
              A.  This report as assembled by myself, this particular
    11        item I am referring to right now, it was published by my
              organisation.  It was circulated nationwide.
    12
         MR. JUSTICE BELL:  Sorry, that is -- just pause?
    13        A.  McDonald's had a perfectly good opportunity to have
              this information.
    14
         Q.   That is not an answer to the question I am raising.  We
    15        have specifically got to be pointed at the document and a
              copy of it provided.  Do you understand?
    16        A.  I do understand.
 
    17   Q.   It is not a question of right or wrong; it is just the
              mechanics of conducting a court hearing.
    18        A.  Forgive me.  I misunderstood that point.
 
    19   MR. MORRIS:  Mr. Lipsett, would you like to refer to a page in
              that document?
    20        A.  Yes, if I may?
 
    21   MR. JUSTICE BELL:  Yes.
              A.  The item I referred to is about eight pages in.
    22
         MR. MORRIS:  Your pages are two sided, ours are one sided, if
    23        you identify ----?
              A.  It is an off print from a publication whose title is
    24        Encyclopedia of Food Packaging.
 
    25   Q.   Who produces that encyclopedia?
  
    26   MR. JUSTICE BELL:  What does it have on the top of the sheet of 
              paper you are looking at? 
    27        A.  It says "540 polystyrene", which means it is page 540
              of this encyclopedia.  Without getting into a great deal
    28        of detail -----
 
    29   MR. JUSTICE BELL:  Just pause a moment.
 
    30   MR. MORRIS:  It is about 16.  It is page 19 in the middle of
              the document and it is a text with the word "polystyrene"

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