Day 061 - 05 Dec 94 - Page 12

     
     1        company since day one and still deals with them today.
     2
     3   Q.   And he still cannot get them right?
     4        A.  Well, in your opinion -- that is not our opinion.
     5
     6   Q.   Did you ask Mr. Edwards whether he was doing this all from
     7        his memory?
     8        A.  I did not ask him, no.
     9
    10   Q.   So you did not ask him what the source of his information
    11        was?
    12        A.  No, but I have worked with him for all of that time.
    13        I have been well aware of what he has been doing.
    14
    15   Q.   Why would you have kept those particular documents, the one
    16        about toilet rolls and happy hats?
    17        A.  I think, were they not -- I cannot remember the exact
    18        details of them -- but were they not confirming prices and
    19        approvals of copy and so on?
    20
    Q.   Right.  So that would be the reason why you kept them,
    22        would it?
    23        A.  Yes, they were confirming the meeting they had,
    24        clearly, or a conversation.
    25
    26   Q.   Why would you not have kept the documents relating to the
    27        other packaging, changing of recycled content and things
    28        like that?
    29        A.  What other packaging?
    30
    31   Q.   The packaging you have asserted was made with recycled
    32        paper prior to 1990?
    33        A.  Well, at least half, if not more of that, is produced
    34        in Germany, and we would not have had the conversations
    35        with the supplier or the meetings with the supplier or,
    36        indeed, done any price negotiation with the supplier.  That
    37        would be done by another office.
    38
    39   Q.   So another McDonald's company -- one of "the family" as you
    40        call it -- would have those documents, would they?
         A.  I did not say that.  I said they would have had the
    42        conversations or carried out the negotiations.  If there
    43        was a letter confirming a price negotiation which also
    44        related to recycled material content of a product they were
    45        producing, then, yes, they would have a record.  But if you
    46        are talking simply on recycling, I do not know that they
    47        do, they may have.  I have not asked them and I was not
    48        required to ask them, as I understand it.
    49
    50   MR. MORRIS:  Can I ask for guidance because it is virtually 
    51        impossible to cross-examine without the background 
    52        documents, and I think we should have them. 
    53
    54   MR. JUSTICE BELL:  The present situation is that since these are
    55        the only documents which have been disclosed, the
    56        assumption is that it is all that is left now.  But what
    57        you are saying is that if McDonald's are saying that they
    58        have got recycled content in their packaging of various
    59        kinds at the relevant time, you would expect them to be
    60        able to show it in a reliable way and you say they have