Day 041 - 28 Oct 94 - Page 48
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2 MR. MORRIS: Yes.
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4 MR. JUSTICE BELL: -- advertising to get children to come in
5 (when the food they will eat is unhealthy); advertising to
6 get children to persuade their parents to come in (when the
7 food they will eat is unhealthy); advertising, because we
8 are on advertising with Mr. Hawkes, to get new countries to
9 accept McDonald's (when the food they will eat is
10 unhealthy). All these I understand, individual issues.
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12 In fact, Mr. Hawkes has not given evidence about it,
13 although it is in Mr. Hayden's statement: "We do lots of
14 good by sending ronald mcdonald to doctors' surgeries" and
15 so on, Miss Gallatley says that the motives for that are
16 bad. All these things. All I am asking you to say is:
17 "I am in a specific area such as that, and what I am
18 trying to get at is this" then, that is fair enough, but
19 what we cannot have is cross-examination which appears
20 aimless. I do not mean that in a pejorative sense, but in
21 the sense hat I cannot see where it is going.
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23 MR. MORRIS: Yes. The difficulty is that, obviously, I do not
24 want to give an indication of where I am going until I get
25 there sometimes but, secondly -----
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27 MR. JUSTICE BELL: There must be a limit to that because, quite
28 frankly, if you were counsel, I would say: "I flatly
29 refuse to accept that because you have been on it long
30 enough. I still can cannot see and you should have got
31 there by now". I have held back from doing that, because
32 you are a litigant in person, but I think you must tell me
33 which immediate area you are on.
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35 MR. MORRIS: I can tell you, it is the role of advertising in
36 getting people to accept certain foods. This is what this
37 whole part of the case is about, so far as I can see-----
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39 MR. JUSTICE BELL: In that part of the case, I do not know, but
40 you may find you are pushing at on open door so far as this
41 witness is concerned. If you put it to him straight, you
42 might find that since his profession, if I can put it that
43 way, is marketing which is, essentially, to try to persuade
44 potential customers to buy his company's product rather
45 than anyone else's, you would get a lot of yes's from
46 Mr. Hawkes.
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48 I have made that comment more than once. Sometimes you
49 have to trap a witness into agreement, but with a number of
50 witnesses you may find you will have ready agreement to
51 some of the propositions you want to put. Carry on, but
52 bear all this in mind.
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54 MR. MORRIS: It is appreciated. Finally then, on Japan which is
55 the crux of the matter, on page 428, I will read the last
56 paragraph on that page: "But Fujita was careful to make
57 marketing modifications that were needed for an American
58 retailing concept to succeed in Japan. He made it clear
59 that McDonald's Japan was run by the Japanese. He was
60 quick to advertise on television, and he made certain that
