Day 076 - 18 Jan 95 - Page 06
1 valid evidence that there were complaints about environment/index.html">litter.
2 What it cannot be is evidence as to the truth of the
3 complaints and that is a legal distinction we have to keep
4 in mind.
5
6 What I suggest is, Mr. Morris has not started at all badly;
7 when Mr. McIntyre was going to go on to other things, he
8 quite rightly, in my view, steered him back to environment/index.html">litter.
9 I have done my best to explain in the presence of
10 Mr. McIntyre so that he understands what my understanding
11 of the legal position is and we really must go on from
12 there.
13
14 MS. STEEL: The other thing about Mr. Rampton's objection is
15 that I do remember that last week when Mr. Siddique was
16 being examined in-chief Mr. Rampton did ask him all about
17 the charitable activities of the Barnet store; what that
18 had to do with the case, I really do not know.
19
20 MR. JUSTICE BELL: May be.
21
22 MS. STEEL: I feel that he should practice what he preaches and
23 to stop interrupting our witnesses.
24
25 MR. JUSTICE BELL: I have to rule according to law. It comes
26 back to what I said beforehand; a lot of inadmissible
27 questions have been asked in this case, a lot of answers
28 have been given which do not actually amount to evidence.
29 I am not going to spend my judicial life in this court
30 taking objection of my own initiative. You take it if you
31 think it offends against the rules as I have tried to
32 explain them from time to time.
33
34 Yes, Mr. Morris?
35
36 MR. MORRIS: The only comment I have is, as I have said
37 yesterday, 95 per cent of the questions yesterday to
38 Mr. Ashworth were, I felt, irrelevant from Mr. Rampton.
39 They were not about actual environment/index.html">litter.
40
41 MR. JUSTICE BELL: Carry on with the case now. You have started
42 off perfectly well; you have done your individual best to
43 keep Mr. McIntyre on the point and I have done my best to
44 explain what we are looking at at this moment.
45
46 THE WITNESS: I will try; the trouble is that if an issue -- the
47 three come together.
48
49 MR. JUSTICE BELL: I understand that. We may have no problem.
50
51 MR. MORRIS (To the witness): So, both the Smith Street
52 Residents Association and the Royal Hospital Wards
53 Residents Association regularly discussed the environment/index.html">litter
54 issue. Which company featured most often in the
55 discussions over the environment/index.html">litter issue?
56 A. Obviously McDonald's were the most identifiable, yes.
57 They have "McDonald's" on most of their packages.
58
59 Q. Throughout the time since the store opened, has that
60 remained the case?
