Day 144 - 28 Jun 95 - Page 64
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2 MR. RAMPTON: My Lord, we have now had the same answer to a
3 variety of different questions about four or five times.
4 Mr. Stein does not know about it. Mr. Morris should resist
5 the impulse simply to make allegations which Mr. Stein has
6 said on a number of occasions he does not know anything
7 about.
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9 MR. MORRIS: I do not have to make allegations. We have a
10 witness ----
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12 MR. RAMPTON: No, my Lord.
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14 MR. MORRIS: --- which I am not reading out from, I could but
15 I will not.
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17 MR. RAMPTON: No, you could not.
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19 MR. JUSTICE BELL: The effect of the last answer really was that
20 Mr. Stein is aware of some objections to some elections.
21 He said "an election or two" but he is not aware of any
22 details. You have this choice. That being so, you can go
23 ahead and call your witnesses if you want. If what you are
24 seeking to do is obtain some additional evidence in
25 relation to a matter which is deemed to be pleaded because
26 it is covered by a witness statement, then you can ask
27 that, but there is no point in asking a McDonald's witness
28 something about matters which you intend to prove anyway.
29
30 MR. MORRIS: Well, if he knows nothing about the situation then
31 I will not ask him.
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33 MR. JUSTICE BELL: You can rely on your own evidence in due
34 course. It is not one of those areas where you have just
35 got a report somewhere but not a witness.
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37 MR. MORRIS: On Day 4 page 58 line 53 Mr. Justice Bell asked
38 Mr. Beavers whether there were statistics which would throw
39 (in America) some light on whether or not it is unusual or
40 usual for workers to leave McDonald's after something like
41 four or five weeks. Answer: "We have records that would
42 show the average tenure of our employees, yes, that would
43 show the amount of time that our employees would work,
44 sir." Question from the Judge: "Might they show what
45 proportion of any of the people employed by McDonald's
46 leave in the first week, in the first month, the first
47 three months, in the first six months and things like
48 that?" Answer: "Yes, we could have information like that,
49 yes."
50
51 What documents Mr. Beavers referring to?
52 A. I have not got the foggiest. Mr. Beavers is not
53 responsible for that area of McDonald's whatsoever; has no
54 relationship to that area whatsoever. I can tell you our
55 computer has no such capacity. You are asking a guy who is
56 in a different function, a different department, a question
57 and he is a obviously trying to be helpful but he is not
58 accurate.
59
60 Q. Can we collect our thoughts? We will not finish tonight
