Day 203 - 12 Jan 96 - Page 14


     
     1        at the situation, you make a decision.
     2
     3   Q.   I am asking -----
     4        A.  If there is sewage pouring out of the ceiling, yes, you
     5        shut the restaurant.
     6
     7   Q.   Straightaway would you do it?
     8        A.  As long as it took to actually shut the doors and so
     9        on, yes.
    10
    11   Q.   If someone did not close the store, would you expect them
    12        to be disciplined?
    13        A.  Well, again, it would depend on the circumstances.  You
    14        would have to investigate the specific situation, and then
    15        decide on what course of action to take.
    16
    17   Q.   Yes.  But I am asking you, if that example of bad
    18        management, which you agreed -----
    19        A.  I do not have an example to go on.
    20
    21   MR. JUSTICE BELL:  He said it all depends on the circumstances.
    22
    23   MR. MORRIS:  I understand that.  But in the case where you
    24        agreed that there it would be bad management if -----
    25        A.  I agree there may be a course to take disciplinary
    26        action against somebody who, given certain circumstances,
    27        continued to serve McDonald's products with sewage in the
    28        kitchen.  But I agree it may also -- I also disagree that
    29        it may be totally inappropriate to take a disciplinary
    30        action against the individual, but it would depend on exact
    31        circumstances.
    32
    33   Q.   Have you ever been disciplined by McDonald's?
    34        A.  I do not understand why that has got anything to do
    35        with the situation.
    36
    37   Q.   Just answer the question.
    38
    39   MR. RAMPTON:  No, my Lord.  I do not believe he should answer
    40        the question.
    41
    42   MR. JUSTICE BELL:  Put it in context.
    43
    44   MR. MORRIS:  If he has come into court to basically attack the
    45        credibility of a fellow Manager who then was under his
    46        supervision, then I think that he should have to answer
    47        himself about his disciplinary -----
    48
    49   MR. JUSTICE BELL:  I would like you to come back to it later.
    50        Before I rule on this -- make a note; maybe you will come 
    51        back to it later -- before I rule on that, I would like you 
    52        actually to do some cross-examination about the substance 
    53        of Mr. Skehel's evidence, please.  Then you can raise it
    54        again, and I will rule on it when we have looked at it a
    55        bit further.  But all this allegedly cross-examination
    56        about credit, when I do not actually know what you are
    57        challenging, is unrealistic.
    58
    59   MR. MORRIS (To the witness):  If we go to page 2 of your
    60        statement, Mr. Skehel, in paragraph 2 in the first page you

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