Day 045 - 03 Nov 94 - Page 32


     
     1        A.  Certainly, we would get publicity for it.  I am not
     2        sure that was the objective of it, but we would get very
     3        good publicity from it.
     4
     5        Being a good businessman and being a participant in the
     6        community goes hand in hand.
     7
     8   Q.   There are many people who do good things for the
     9        community.  By and large, they do not do it -- or they are
    10        not trying to get free publicity for it?
    11        A.  The publicity is part of it, but I know of many
    12        owner/operators who spend a considerable amount of time and
    13        effort, with no regard to what the publicity is; they do it
    14        because they like doing it and they do it because they
    15        think it is right.  If publicity accrues to it as well,
    16        then that is fine.  There are operators that do it just for
    17        the publicity, but I think the majority of them do it
    18        because they feel good about doing it.
    19
    20   Q.   Do you remember an instant where McDonald's was thinking of
    21        donating an elephant to a local zoo in Virginia?
    22        A.  No, I do not.
    23
    24   Q.   You do not remember that?
    25        A.  No.
    26
    27   MS. STEEL:   I will read it out to see whether it might refresh
    28        your memory.  The elephant did not actually get donated in
    29        the end.  McDonald's was going to-----
    30
    31   MR. RAMPTON:  No, my Lord.  That is not the right way to do it.
    32        This is an inadmissible document.  The witness having said,
    33        "No, I do not know anything about that", the right course
    34        is for Ms. Steel to show the witness the document, not
    35        describe its contents, not read it out, not ask the witness
    36        to read it out.  I am not concerned about your Lordship, of
    37        course; that is not my problem, as your Lordship knows.  It
    38        is what misuse is later made of the material.  But the
    39        witness should be shown the document and asked whether he
    40        adheres to his answer in the light of what he has read.
    41
    42   MR. MORRIS:  It seems to me that Mr. Rampton is not making a
    43        legal objection; he is making some kind of political
    44        objection to material being read out, in case it is later
    45        "misused".
    46
    47        As far as we can see, it is normal practice to put to a
    48        witness a particular situation.  If he then says he does
    49        not remember, okay.  I think Helen is entirely entitled to
    50        ask him, to see if he can refresh his memory. 
    51 
    52   MR. JUSTICE BELL:  She should do it by showing him the 
    53        document.  The reason for the practice may very well be
    54        exactly what you have said, not just in this case but there
    55        have been cases where the opportunity has merely been taken
    56        to read out in public some particular matter, in the hope
    57        it will be reported, even though the witness's answer will
    58        be, "Well, I know nothing about that", so that it has no
    59        evidential value but it is given publicity.
    60

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