Day 076 - 18 Jan 95 - Page 05
1 ask you about something else, at least one will hear the
2 question and if any objection is taken to it, I can rule on
3 it. But, in the first instance, Mr. McIntyre, if you would
4 so kind, just stick to your own experience.
5
6 MS. STEEL: Can I make an observation which I wanted to make
7 before Mr. Rampton jumped up and got in there first:
8 Firstly, Mr. McIntyre is aware that he is here to talk
9 about environment/index.html">litter. I think it is a bit unreasonable, or
10 whatever, to expect him to delete any reference to anything
11 else. I understand that we do not want to go into anything
12 else, but it places, I do not know, restraints on the flow
13 of what people are saying if they are prevented -----
14
15 MR. JUSTICE BELL: It need not do; if you want to tell me
16 something about environment/index.html">litter which will bring in some other
17 complaint, and you really using your best judgment and in
18 good faith feel it is impossible to make sense of it
19 without making another topic, just tell me about that.
20 But, by and large, you should be able to manage. Let us
21 see how we go.
22
23 MS. STEEL: The other matter is the matter of the Residents
24 Association and what is said at meetings. We have heard
25 all sorts of evidence brought by the Plaintiffs about what
26 has been said to them by other company representatives. If
27 Mr. McIntyre is from a Residents Association, I do not see
28 how that is any different -- he is an official of that
29 organisation -- to an official of McDonald's saying, you
30 know, what he had been told at a company meeting.
31
32 MR. JUSTICE BELL: The same rules apply. If you take objection
33 to something like that, then I will hear the objection.
34 Certainly, if it is hearsay, I will not take it into
35 account as evidence unless Mr. Rampton is able to urge upon
36 me that it comes within one of the exceptions to the
37 hearsay rule. You can certainly be alert in the future --
38 if you feel you have not in the past -- to taking that
39 objection.
40
41 The fact that objection has not been taken, whether through
42 lack of knowledge yourself or because you are prepared to
43 let it come out, does not mean to say I can allow it in
44 respect of other witnesses. You cannot make a concession
45 that you do not mind that kind of evidence being given and
46 then say: "Therefore, I am entitled to give it myself".
47 That does not follow at all. If a challenge is taken
48 either by you or Mr. Rampton, I will rule upon it according
49 to law.
50
51 MS. STEEL: I am not trying to say that what Mr. McIntyre says
52 about what Mr. Taylor says about what was going on in Royal
53 Avenue is evidence of what was going on, but it is relevant
54 to the general feeling of the residents and how they
55 reacted to one and another and things like that.
56
57 MR. JUSTICE BELL: I have not stopped the question about whether
58 environment/index.html">litter was raised at meetings. That is certainly evidence
59 of the fact that there were things said about environment/index.html">litter. It
60 may well -- I may have to hear argument in due course -- be
