Day 045 - 03 Nov 94 - Page 34

     
     1        admissible and that it is not going to sway the tribunal of
     2        fact if it turns out, in the end, not to have been
     3        admissible.
     4
     5        So I do not see any fundamental legal problem at all.
     6        I think it is just a question of whatever is most
     7        convenient for the court.  If it is a long document, then
     8        nobody in their right mind would want to read it all out.
     9        If it is two or three sentences, it is going to take more
    10        time to make sure that everybody in court has it open in
    11        front of them.  In this case, it literally is two or three
    12        sentences.
    13
    14   MR. JUSTICE BELL:  Do you want to say anything, Ms. Steel?
    15
    16   MS. STEEL:  No.
    17
    18   MR. JUSTICE BELL:  I am against you on this point.  The proper
    19        procedure is to put the matter to the witness and ask, in
    20        the light of what he reads in the document, without reading
         the document out, whether he wishes to change his answer or
    22        has anything to add to it.  That is the procedure which
    23        should be followed in this case, as in every other case.
    24
    25        Keep it in the folder, if you wish.  If you want to make a
    26        note of the page and paragraph before you hand it up, so
    27        you can direct Mr. Green to it, do so. (Handed to the
    28        witness)
    29
    30   MS. STEEL:   If you look at the last full paragraph on
    31        page 104.
    32        A.  (Pause) No, I have never heard of this.
    33
    34   Q.   When McDonald's makes a gift or, as McDonald's would call
    35        it, offer a gift, is it the usual practice to have
    36        McDonald's name attached to that gift in some form or
    37        another?
    38        A.  Usually, if we give a gift and it is a public gift, it
    39        is attributed to McDonald's in some way, yes.
    40
    Q.   So, again, that would be more free publicity?
    42        A.  We certainly get publicity but, again, I have to tell
    43        you that from my perspective the motivation is not
    44        publicity alone, even though it may be publicity as part of
    45        it.  But most of the time, the motivation is try to do
    46        things which the community and we support.
    47
    48   MR. JUSTICE BELL:  Are you actually saying that motivation is
    49        from the heart before commercial motivation?
    50        A.  In most cases that I remember of anything that we have 
    51        done, it is in fact because it is the thing that we would 
    52        like to do, because it is from the heart, as you would say, 
    53        as opposed to publicity.
    54
    55   MS. STEEL:   You do not know about the incident recounted in
    56        passage in the book, but do you know of any instances where
    57        the receiver of an intended gift has refused to accept the
    58        gift because of the strings attached of having to have an
    59        association with McDonald's name?
    60        A.  I am trying to press my memory on anything that either