Day 172 - 12 Oct 95 - Page 38

     
     1   MR. JUSTICE BELL: -- first of all, it should not go in if it is
     2        inadmissible in any form; and, secondly, it actually helps
     3        the Defendants, because they know here and now that they
     4        will not be able to rely on that part of the statement, if
     5        I exclude it, at the end of the trial.  When I say
     6        tenacious, I mean making your point more than once.
     7
     8   MR. MORRIS:  Yes.  Mr. Rampton made some of his points six or
     9        seven times.
    10
    11   MR. JUSTICE BELL: If I may say so, he was extremely short about
    12        it.
    13
    14   MR. MORRIS:  If we move on to paragraph 7:  "....although people
    15        were regularly dismissed for behaving like that without
    16        notice."  That could have been something that was
    17        witnessed, and it could have been something -- he did not
    18        say that he knew of every single person that was ever
    19        dismissed and what the reasons were, but he may have
    20        witnessed five or six.
    21
    22   MR. JUSTICE BELL: You need not worry about paragraph 7.
    23
    24   MR. MORRIS:  OK.  Then: "It happened to a friend of mine",
    25        further down, he could have witnessed that.
    26
    27   MR. JUSTICE BELL: You need not worry about paragraph 7,
    28        Mr. Morris.
    29
    30   MR. MORRIS:  Sorry.  OK.  Paragraph 8: "A friends of my
    31        brother's worked at McDonald's in Dublin", we do not really
    32        care about that.  It does not really take us very far.
    33        But, in principle -- well, we do not care about that one.
    34
    35   MR. JUSTICE BELL: It would be much simpler for you -- what I am
    36        going to allow you to write in after the sentence "I was
    37        not shown any training videos", which is the whole point
    38        anyway.  You do not want to prove that they were shown
    39        training videos in Dublin.  So you need not bother
    40        about 8.
    41
    42   MR. MORRIS:  Yes.
    43
    44   MR. JUSTICE BELL:  I will go through each of these one by one in
    45        my ruling, making it quite clear which words are in and
    46        which are out.
    47
    48   MR. MORRIS:  Yes.  Paragraph 9, his conclusions about why
    49        McDonald's would want to have 100 unit hours.  Well,
    50        I suppose that could be a comment. 
    51 
    52   MR. JUSTICE BELL: That is just argument you can make. 
    53
    54   MR. MORRIS:  Yes.  I think workers are entitled to comment about
    55        things, but he is commenting on something -----
    56
    57   MR. JUSTICE BELL: Of course they are, but not to have it treated
    58        as evidence in court.
    59
    60   MR. MORRIS:  "This was meant to be a deterrent."