Day 076 - 18 Jan 95 - Page 17
1 A. Yes, well, it so happened that the day Mr. Stump gave
2 evidence here last Wednesday, I was in court and it was the
3 day of our residents New Year's party. So, I did a little
4 quick survey and I asked, I think, 12 -- there were about
5 40 at the party -- I ask about 12 people had they seen a
6 McDonald's -----
7
8 MR. RAMPTON: My Lord, this is where we get into trouble.
9
10 MR. JUSTICE BELL: No, that we cannot have, I am afraid.
11
12 MR. RAMPTON: It was deliberately done by Mr. Morris and he
13 knows it is not right.
14
15 MR. MORRIS: It is right, I contend, because some doubt was cast
16 by Mr. Stump on whether the complaints of the Residents
17 Association, whether there were genuine concerns at all
18 from the Residents Association. I think, to be fair to
19 Mr. Siddique, he recognised that there were concerns;
20 whether they are right or wrong is another question.
21 Mr. Stump was even casting doubt whether just because we
22 had letters from Residents Associations, residents, you
23 know, had expressed concerns.
24
25 If Mr. McIntyre is an official of the Royal Hospital Ward
26 Residents Associations, it is his job to gather the views
27 of residents and in his street as well. I mean, it is
28 relevant to whether he feels that he is, as an official,
29 representing the views of his constituents.
30
31 MR. JUSTICE BELL: I think its real purpose is to seek to get in
32 evidence which by reason of the hearsay rule is not
33 admissible and I rule against that.
34
35 MS. STEEL: So, by the same token, there is no evidence from
36 McDonald's that these environment/index.html">litter patrols took place because ---
37
38 MR. JUSTICE BELL: You argue that -----
39
40 MS. STEEL: -- the lobby hostesses may have been lying to
41 Mr. Siddique and Mr. Stump.
42
43 MR. JUSTICE BELL: You argue that in due course. You have a
44 witness here who can give admissible evidence, the weight
45 of which I will have to judge in due course having heard
46 Mr. McIntyre's answer to your questions and any questions
47 Mr. Rampton chooses to ask of him. Quite apart from sheer
48 admissibility, you would be best advised, in my view, to
49 concentrate on the matters you have concentrated on, such
50 as what Mr. McIntyre has seen and when and what he has not
51 seen and when and, I suppose, he is going to tell me about
52 occasions when he has spoken to someone at McDonald's.
53
54 That is your focus. He has said there is quite a lot of
55 environment/index.html">litter in the streets; it does not get removed. You say he
56 is an honest, local resident who has come to tell me that.
57 You concentrate on that and concentrate on what
58 Mr. McIntyre may or may not have said to people at the
59 restaurant.
60
