Day 123 - 09 May 95 - Page 12
1 text of the fact sheet (the main points at issue in this
2 case) the main drift of the opinions in this leaflet do
3 have a current of opinion raising those issues in America,
4 rightly or wrongly? Would that be fair to say?
5 A. I would say a minor current of opinion. Generally, the
6 preponderance of opinion relative to McDonald's is quite
7 favourable and, with all due respect, I realise a lot of
8 testimony has been already been given to support
9 McDonald's, McDonald's position, but I just felt compelled
10 to say that, you know, all of this is rubbish really.
11
12 Q. There has also been a lot of testimony criticising
13 McDonald's in this case. Have you been following the case
14 at all?
15
16 MR. JUSTICE BELL: I really do wonder where we are going, you
17 know. At the end of the day, it depends on what I make of
18 it, does it not?
19
20 MR. MORRIS: Yes -----
21
22 MR. JUSTICE BELL: If I think you have substantially justified
23 what is in the leaflet, I may reach the conclusion, in fact
24 I assume it will follow, that McDonald's were unjustified
25 in bringing this action. If I think a large part of it is
26 unjustified, I may understand why they brought the action.
27 It all comes down to what I make of it at the end of the
28 day, does it not?
29
30 MR. MORRIS: So the criticisms in the London Greenpeace fact
31 sheet, whether people believe them or not or whether it is
32 right or wrong, they are in the public domain in America
33 and McDonald's response with its views; is that fair to
34 say?
35 A. We respond whenever we can to criticisms that are
36 raised or when allegations are made against our Company or
37 or brand.
38
39 Q. But what I am saying is the criticisms in this fact sheet
40 are in the public domain in America to some extent?
41 A. To some extent.
42
43 Q. Has anybody in McDonald's Corporation sued anybody in
44 America for expressing any of the criticisms that are
45 relevant in this case?
46 A. I cannot say that I have any personal knowledge of
47 that. I am sure that has probably been the case. We have
48 a good number of franchisees, well over a 1,000 franchisees
49 in America, and from time to time certain criticisms,
50 unfair or false criticisms, might have been levelled
51 against us, and they took what they considered to be
52 appropriate action.
53
54 Q. But do you know of a single case where McDonald's, or their
55 franchisees, or any section of McDonald's, have sued
56 anybody in the United States for any of the criticims that
57 have been made in this case? Do you know of any single
58 case?
59 A. I cannot put my finger on any particular case. I could
60 only say, in general, that we will pursue very vigorously
