Day 139 - 21 Jun 95 - Page 09
1 develop what you have said.
2
3 MR. JUSTICE BELL: He has said what his evidence is.
4
5 (To the witness) We have a system here -- which we are not
6 necessarily abiding by strictly in the case, but Mr. Morris
7 on this occasion was doing his best -- if something is
8 actually challenged, it should be challenged face to face
9 with the witness. It gives the witness an opportunity to
10 give his evidence on it.
11 A. With all due -----
12
13 Q. You have already said what your evidence is in this case,
14 but it gives you, in effect, the opportunity to support it
15 by any example which comes to mind; and that is all
16 Mr. Morris is doing. You probably have the same system in
17 some of your state common law trial systems?
18 A. With all due respect, my Lord, witnesses are asked
19 questions, not for legal conclusions; witnesses are not
20 told that what they have just delivered is "rubbish". They
21 are asked very specific questions to elicit whatever the
22 other side wants; and I am not used to a system where
23 people are hurling insults to witnesses.
24
25 MR. RAMPTON: I think the question was, which Mr. Stein should
26 be allowed to answer: "You are lying, are you not,
27 Mr. Stein?"
28
29 MR. JUSTICE BELL: What do you say about that?
30 A. Certainly not. I am doing the best I can to give you
31 the best answers that I am aware of. But I also have the
32 obligation of telling you when it is beyond the scope of
33 what I know.
34
35 MR. MORRIS: If we look at page 7 of the binding agreement
36 between the McDonald's Corporation and Ireland, its
37 restaurants in Ireland -- as far as I know, Pantry
38 Franchise -- at the top of that page, the fifth line down,
39 about keeping records of gross sales, etcetera?
40 A. Please let me catch up with where you are at.
41
42 Q. Sorry, page 7.
43 A. Yes, I am there.
44
45 Q. The sentence starts the third line down. At the fifth
46 line, it says: "Licensee...."
47 A. I have got the fifth line, but I do not see -----
48
49 Q. Sorry. "Licensee" is at the beginning of the sentence,
50 about gross sales. Then it says:
51
52 "....and shall also deliver such additional financial,
53 operating and other information and reports as Licensor may
54 reasonably request on the forms and in the manner
55 prescribed by Licensor."
56
57 So you would expect, when you visit stores, to get all the
58 information you could reasonably request, whether in
59 written form or any other form; is that correct?
60 A. Sir, I am going to do something I said I would not do.
