Day 060 - 02 Dec 94 - Page 02


     
     1                                   Friday, 2nd December 1994.
     2
     3                    MR. EDWARD ANTHONY OAKLEY, Recalled.
     4                  Cross-Examined by the Defendants, Continued.
     5
     6   MR. MORRIS:  Unfortunately, we have another document that we
     7        only got last night.  It is from last week's press in New
     8        Zealand which we want to serve.  Mrs. Brinley-Codd is not
     9        here.  (Handed)
    10
    11   MR. JUSTICE BELL:  Did you want Mr. Oakley to have this now or
    12        later?
    13
    14   MR. MORRIS:  Yes, I might as well ask him about it now to give
    15        him a chance.
    16
    17   MR. RAMPTON:  I do not think he can be asked about it now, with
    18        respect, my Lord.  Once again, two things to be said about
    19        this:  Maybe the Defendants only got that last night, but
    20        I noticed last night, for example, that this document,
    21        whatever it may be, about the ozone crisis has a fax date
    22        on it of 14th July.
    23
    24   MR. MORRIS:  That is a different one.
    25
    26   MR. RAMPTON:  I know it is.  I do not think it right Mr. Morris
    27        should go on thinking that he can produce these documents
    28        and then start asking questions about them.  Again, I think
    29        this should be deferred until Mr. Oakley has had a chance
    30        to look at it, to see what questions might arise from it,
    31        to make whatever enquiries he may need to make in relation
    32        to it, which is what he has now down in relation to the
    33        other documents which were produced yesterday.
    34
    35   MR. JUSTICE BELL:  Take them back for the moment.
    36
    37   MR. MORRIS:  I think this is creating more confusion and more
    38        time wasting.  It is a simple question of Mr. Oakley is
    39        here to represent with 15 years experience, whatever it is,
    40        of McDonald's purchasing policies, including packaging and
    41        food.  He obviously is aware of the company's practices.
    42
    43   MR. JUSTICE BELL:  What I am going to do with these documents
    44        with Mr. Oakley, I am going to take the stand for the time
    45        being that they must not just be produced and put to the
    46        witness.  He must have time to look at them.  It obviously
    47        is not going to be very long when one sees them there, but
    48        we have to get some system into it.
    49
    50        I am not unsympathetic to the situation you find yourself 
    51        in.  I suspect I know what is happening and, on that basis, 
    52        I am not unsympathetic.  If I have suspected wrongly, then 
    53        I might be a lot less sympathetic, but what I think is
    54        happening is that you are conducting this case in the
    55        court, you started it with a certain amount of information,
    56        and further information is coming to you all the time.  It
    57        is not information which you have necessarily gone and
    58        looked for yourself, but people who have an interest in the
    59        case which may be more sympathetic to you than to
    60        McDonald's find stuff, or hear how the case is going, or

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