Day 141 - 23 Jun 95 - Page 10

     
     1        base its public claims to counter what had been a very
     2        serious allegation, you know, that had got a lot of
     3        publicity in the Philadelphia area?
     4        A.  Sir, after the meetings with the sisters, I am not
     5        aware of any further suggestions of any shareholder
     6        proposals.  Not only am I not aware of any proposal, I am
     7        not aware of any suggestion.  There was, as has proved out,
     8        there was no need for anything further as far as that.
     9
    10   Q.   The fact is, you do not know if the document was destroyed,
    11        do you, unless you destroyed it yourself?
    12        A.  Let me put it this way:  I have searched through my
    13        records for it and I do not have it, and I assume that
    14        I had tossed it out some time during that period when I was
    15        purging various records, as I often times do.
    16
    17   Q.   TPF&C, of course, will have retained a copy of that
    18        document, will they not?
    19        A.  I do not know, sir.
    20
    Q.   But it is likely, is it not?
    22        A.  I do not know if it is likely or unlikely.
    23
    24   Q.   Have you asked them for a copy?
    25        A.  Have I?
    26
    27   Q.   Yes.
    28        A.  No, because I did not think this would be a
    29        controversy.
    30
    31   Q.   So are you able to ask them now, then?
    32
    33   MR. RAMPTON:  My Lord, that is not a matter for the witness.
    34        That is a matter for your Lordship, of course, primarily,
    35        but also for me.  If I think it appropriate to ask
    36        McDonald's to ask the management consultants, I will do
    37        so.  I will not do so unless I think it appropriate or
    38        unless your Lordship orders me to do so.
    39
    40   MR. JUSTICE BELL:  What happens, what people go and look for or
         do not go and look for as a result of questions asked in
    42        this court is no consideration of mine, save in so far as
    43        I am asked in due course to draw an inference from the fact
    44        that this has been done or that has not been done.
    45
    46        What, it seems to me, Mr. Morris can ask (but then he must
    47        leave it there and come back to it as a comment if he
    48        wishes) is, he can ask Mr. Stein whether it would have been
    49        possible for him to ask Tower's for a copy of the report
    50        and whether he thinks they would have produced it, had he 
    51        asked.  He can mount an argument on the answers, if he 
    52        wishes.  What I will make of the argument is an entirely 
    53        different matter at the end of the day.  I just do not know
    54        what I will conclude about it.  It will be one comment
    55        among an ocean of comments on this area of the case.
    56
    57   MR. RAMPTON:  My Lord, I only observe at this stage that
    58        discovery is made in cases of this kind according to the
    59        pleadings.  If one looks at what is pleaded -----
    60