Day 100 - 09 Mar 95 - Page 06

     
     1        on 12th January, it might well be relevant to see that.
     2
     3   MR. RAMPTON:  Yes, that I understand.  May I, with all those
     4        indications, my Lord, say this:  The question whether
     5        McDonald's has the power to command this kind of an
     6        exercise from McKey's is still an open question.
     7
     8   MR. JUSTICE BELL:  It is.
     9
    10   MR. RAMPTON:  McKey's are very co-operative -- that is perfectly
    11        clear -- and we will convey what your Lordship has
    12        suggested to them.  I do not know, first, whether documents
    13        for 1992 still exist; secondly, I do not know whether any
    14        document or documents of the kind for a single date of the
    15        ideal sort your Lordship has suggested in fact exists,
    16        because I have no idea whether Midland and Jarret and Bowes
    17        ever all delivered on the same day, still less whether they
    18        make four deliveries all at the same time.  But we will
    19        enquire about that.  I put a reservation upon it in case it
    20        should turn out that any of those things is not so, or that
         it should turn out that it is a massive task.  I hope that
    22        would not be so.
    23
    24        I would also enquire what was the last date in 1994, it
    25        might be 1995 or, rather, the first date when the
    26        documents, as it were, start to exist again.  I will also
    27        enquire what volume we are talking about.  I will ask, if
    28        it is easily done, for a copy of the relevant page or pages
    29        of the ledger log, or whatever it is, that this typed table
    30        is based on.
    31
    32   MR. JUSTICE BELL:  If the log is easy to deal with, it obviously
    33        makes sense to have it for any date where the primary
    34        documentation, be it in August 1991 or January this year or
    35        whenever, is disclosed, if it is disclosed.
    36
    37        In the meantime, I think we should do our best to press on
    38        with the evidence.  My proposal today (for reasons I think
    39        you are aware of) is to rise about five to one and not
    40        resume until quarter past two or as soon thereafter as I am
         available.
    42
    43   MR. MORRIS:  We have not heard about that but that is fine.
    44
    45   MR. JUSTICE BELL:  I thought you knew that I had to -- I think
    46        you do know but you just have not attached to it what
    47        I have said.
    48
    49   MR. RAMPTON:  I am reasonably confident that this typed sheet is
    50        likely to be accurate.  It is an accurate record of what is 
    51        in the ledger.  For that reason, I am quite content if the 
    52        Defendants should think it helpful to do so -- that is a 
    53        big "if", of course -- they should use it in
    54        cross-examination of Mr. Kenny ---
    55
    56   MR. JUSTICE BELL:  I think -----
    57
    58   MR. RAMPTON:  -- as though it were the written ledger.
    59
    60   MR. JUSTICE BELL:  It is up to you whether you embark on