Day 064 - 08 Dec 94 - Page 36

     
     1        Mr. Rampton could have made objection to it quite some time
     2        ago; instead he actually said that it was not a privileged
     3        document.  I feel it is an abuse of the court process to
     4        now stand up and say that they are objecting to us using
     5        it.  It prejudices the conduct of our defence and how we
     6        are putting our case and cross-examining the witness.
     7
     8   MR. RAMPTON:  I do not know how Mr. Oakley is going to get an
     9        idea of what to answer on that document because he has not
    10        got a copy and, indeed, we cannot show him one, so I do not
    11        know what Ms. Steel is thinking about.  No question has
    12        been asked so he has not had any time to think of an
    13        answer.
    14
    15   MR. JUSTICE BELL:  I do not think your case will be prejudiced,
    16        certainly not in any significant way.  I think we should
    17        deal with it in due course in proper form.  We could send
    18        Mr. Oakley home now and say that he would have to come back
    19        at some future date.  I would then say:  "Well, let us have
    20        the argument now".  Mr. Rampton would say:  "Well, he was
         not anticipating arguing it today and there are a lot of
    22        authorities" and I would want the benefit of that, and you
    23        would want to prepare your argument as well.
    24
    25        I think the interests of justice on both sides is served
    26        (and taking an overall view) if we continue with
    27        Mr. Oakley, save for this aspect of case and come back to
    28        it in due course.  You have already cross-examined him on
    29        some of your points.  You have made your point on 26th July
    30        1982 letter.  You say the tenor of the letter is non-use of
    31        Brazilian beef outside Brazil and that is not what happened
    32        in 1983.  So, you have made that point for whatever it
    33        turns out to be worth in due course.  I think this matter
    34        can safely be left without any significant harm to your
    35        case for the future, whatever the rights and wrongs of
    36        however the dispute arose in the first place.
    37
    38        What I do think for the future (and perhaps I should begin
    39        to do it; I must confess I have not done it so far) is that
    40        a list be kept of these outstanding matters.  I do not
         regret pressing on with witnesses and coming back later to
    42        argument such as the one we had on amendment, but I think
    43        one thing to be learnt from this morning is that we must
    44        all between us keep a closer check on procedural and loose
    45        ends.  I am not blaming you for it; it is a general
    46        responsibility.
    47
    48   MR. MORRIS (To the witness):  Just a final question on this
    49        whole subject:  In Mr. Rampton's opening speech -- I cannot
    50        remember what day it was now; the first day of the trial, 
    51        page 54 of the transcript, line 27 -- Mr. Rampton said, 
    52        well, the whole paragraph reads:  "My Lord, it follows from 
    53        this, that is to say, the rule against imported",
    54        something, I do not know, it just says "imported", "which
    55        has been transported around the world to all the countries
    56        where they operate, save with exception of some countries
    57        in the Pacific rim and get their beef from Australia, that
    58        there is absolutely no room for any suggestion that
    59        McDonald's, whether by design or accident, whether in the
    60        United States or anywhere else in the world uses or ever