Day 194 - 01 Dec 95 - Page 24


     
     1        people who basically come and say that everything our
     2        witnesses  -----
     3
     4   MR. JUSTICE BELL:  Listen, I am going to stop you on that
     5        because that really does not help me.
     6
     7   MR. MORRIS:  They should not have a second chance to come back
     8        having called a witness to rebut our witnesses, which they
     9        have all done, they have all come, they are all McDonald's
    10        people, and said everything our witnesses say is not
    11        basically true, then why should they have another chance to
    12        say again?  It is just not fair.
    13
    14   MR. JUSTICE BELL:  What is being put to you is they are not
    15        saying it again, but if I give leave -- in fact, I do not
    16        propose to deal with the question of leave in relation to
    17        any witnesses the Plaintiffs may wish to call or recall; I
    18        think is premature at this moment -- it will not be so that
    19        they can repeat what they have said before; it will be to
    20        give an opportunity to deal with an allegation which has
    21        come in for the first time.
    22
    23        What Mr. Rampton is saying is that what is really coming in
    24        for the first time is a state of affairs which prevailed or
    25        incidents which occurred while Mr. Coton was Manager which
    26        is really for a period of four years, if I understand it
    27        correctly, from August 1987 to August 1991; whereas we have
    28        been concentrating on rather earlier periods when Mr. Davis
    29        was Manager and when Mr. Stanton was Supervisor; both those
    30        periods coming to an end on or before the date when
    31        Mr. Coton came in.
    32
    33   MR. MORRIS:  Mr. Davis became Supervisor for all that
    34        period  ---
    35
    36   MR. JUSTICE BELL:  Yes.  He ended up ---
    37
    38   MR. MORRIS:  -- of that store.
    39
    40   MR. JUSTICE BELL:  -- he ended up being Manager on the date --
    41        I said on or before ---
    42
    43   MR. MORRIS:  No, I understand.
    44
    45   MR. JUSTICE BELL:  -- he stopped being Manager on the date when
    46        Mr. Coton became Manager and Mr. Stanton had stopped being
    47        Supervisor before that date.
    48
    49   MR. MORRIS:  But then Mr. Davis became Supervisor of that store
    50        for the rest of the period. 
    51 
    52   MR. JUSTICE BELL:  But when Mr. Davis was called to give 
    53        evidence -- correct me if I am wrong -- you had served
    54        Mr. Coton's statement.
    55
    56   MR. MORRIS:  No, but Mr. Brett was Assistant Manager.
    57
    58   MR. JUSTICE BELL:  Say anything more you want to in broad
    59        principle because that is what I am concerned with.
    60

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