Day 045 - 03 Nov 94 - Page 41

     
     1   MR. JUSTICE BELL:  Yes, I know, but I think he was anxious --
     2        just pause a moment.  The intervention may have been out of
     3        anxiety that you were going to follow the procedure you
     4        were following until this morning.  As far as I am
     5        concerned, there is no need to be anxious about that,
     6        because I am confident that you will follow the ruling
     7        which I made.
     8
     9        If and when we come to your evidence and you want to argue
    10        that the document is admissible in relation to something
    11        which you want to say in your evidence, then we will
    12        reconsider the matter then.
    13
    14        You want Mr. Green to look at the article on the left or
    15        the right hand?
    16
    17   MR. MORRIS:  The left, about McDonald's marketing strategy.
    18
    19   MR. JUSTICE BELL:  Very well.  Which paragraph?
    20
    MR. MORRIS:  The first five, I think, paragraphs.
    22
    23   MR. JUSTICE BELL:  Just read the first couple of words of it, so
    24        that we know which it is.
    25
    26   MR. MORRIS:  "McDonald's is changing the way it measures
    27        success" -- the first five paragraphs.
    28
    29   THE WITNESS:  Yes.
    30
    31   MR. MORRIS:  You have read it?
    32        A.  Yes, I have.
    33
    34   Q.   Is any of that not true?
    35        A.  Well, some of this is not true but, essentially, from
    36        the perspective that we are trying to get more people to
    37        come to our restaurants, that certainly is true.
    38
    39   MR. MORRIS:   Can you point out any of the bits that are not
    40        true?
    41
    42   MR. JUSTICE BELL:  Just pause there.  Part of the difficulty we
    43        run into over this is where you have referred to a document
    44        which, whether it may become admissible in some context
    45        when you give evidence, is not admissible in its own right
    46        in cross-examination.  That does not actually prevent you
    47        having the binder open in front of you and telling the
    48        witness to have the binder open in front of him, and then
    49        without specific reference to the documents you can say, if
    50        you wish:  "Did McDonald's change the way it measured 
    51        success", in or about whatever the time is, and then 
    52        putting something which you have the basis of from the 
    53        document, without reading in the document.  Do you
    54        understand?
    55
    56   MR. MORRIS:  I do understand.  I feel like I am getting
    57        conflicting messages, but I am trying to chart the course
    58        which is most efficient and appropriate.
    59
    60        (To the witness)  You said it was generally true?