Day 078 - 26 Jan 95 - Page 11

     
     1        Mr. Rampton, please?
     2
     3   MS. STEEL:  I can do; I have mine marked though I do not think
     4        there is writing on it, but it is not our fault that the
     5        Plaintiffs decided to take out our documents from the
     6        bundle.
     7
     8   MR. RAMPTON:  I do not know if that is so but it is a possible
     9        explanation.
    10
    11   MR. JUSTICE BELL:  We have to have some solution.  We cannot go
    12        ahead until Mr. Rampton has a copy of it.  If need be, if
    13        I have to make a ruling on it, I will have to see a copy.
    14
    15   MS. STEEL:   I can show it to Mr. Rampton, if he wants it.  It
    16        is rather a long document, that is the only thing.
    17
    18   MR. JUSTICE BELL:  I think that is the only way forward at the
    19        moment.  If you do not mind taking yours out of your ring
    20        binder and just hand it to Mr. Rampton for the moment?
         Have you actually got an allegation in your Particulars of
    22        Justification relating to this other person?
    23
    24   MS. STEEL:   To this?
    25
    26   MR. JUSTICE BELL:  To the other person, the person you have
    27        suggested  ---
    28
    29   MS. STEEL:  Donna Kane.
    30
    31   MR. JUSTICE BELL:  -- suffered food poisoning, was somebody who
    32        purchased burgers from a supermarket supplied by McKey?
    33
    34   MS. STEEL:  That is not in the pleadings, no, but it is relevant
    35        to this issue.
    36
    37   MR. RAMPTON:  I doubt whether it is, my Lord.  I dare say it is
    38        possible for Ms. Steel -- I have been through this on a
    39        number of occasions before and I do not forgive the
    40        Defendants for not adhering to the proper proceeding --
         that is not an admissible document, partly because it has
    42        been admitted and partly because it is a hearsay document.
    43        It may be that the witness can be shown the document in
    44        relation to an answer that he has given and ask whether he
    45        adheres to his answer.  But I am antipathetic to this way
    46        of proceeding particularly when, by coincidence, no doubt,
    47        there is a member of the press in the court.  The
    48        Defendants -----
    49
    50   MR. JUSTICE BELL:  Oh ----- 
    51 
    52   MR. RAMPTON:  My Lord, I am concerned about it.  One reason why 
    53         -- it is obvious -- the Preston incident was admitted was
    54        to prevent the Defendants milking it for adverse publicity
    55        to McDonald's.
    56
    57   MR. JUSTICE BELL:  That may be but I never been a conspiracy
    58        theorist.  I see no reason to assume that things are just
    59        raised because a member of the press has come into court.
    60