Day 013 - 19 Jul 94 - Page 09

     
     1
         Q.   Sorry, point 6.
     2        A.  Point 6 of the letter.  What is the tab, if you will,
              please?
     3
         MR. JUSTICE BELL:  It is the same one as you have been looking
     4        at, but it is paragraph 6 rather than paragraph 5.  Denial
              of the threat of legal action, it is page 190.
     5        A.  I am looking at the wrong one.
 
     6   Q.   It is the same page but paragraph 6.
 
     7   MS. STEEL:   It does not matter too much.  Do you remember
              anything, any discussions?
     8
         MR. JUSTICE BELL:  The suggestion which is made against
     9        McDonald's is that it had been arranged between the
              Attorneys General and various fastfood companies that they
    10        would issue a joint press release, or had a joint press
              conference -- I forget which -- but McDonald's did a
         sneaky thing and issued their own individual one a day or
              two before.  That is what is against McDonald's.  I think
    12        you are being asked whether you remember any arrangement
              to make a joint announcement.  Is that right?
    13
         MS. STEEL:   Well, there is that and, yes.
    14
         MR. JUSTICE BELL:  Answer that first.  Then you will be asked
    15        another question.
              A.  There was no arrangement and I do not remember any
    16        specific conversation to that point at those meetings.
 
    17   MS. STEEL:   You do not remember anything that might possibly
              have been taken by the Attorneys General to be some kind
    18        of arrangement?
              A.  No.
    19
         Q.   What exactly did you discuss at these meetings then?
    20        A.  I just, I cannot recall.  I cannot recall the
              specifics of our discussion.
    21
         Q.   Nothing at all?
    22        A.  Whatever was set out as the subject for the meeting
              that was called I am sure we discussed.
    23
         MR. JUSTICE BELL:  Might I make a suggestion?  It is seven
    24        years ago now.  Sometimes people genuinely do not
              remember.  This is not directed at Mr. Horwitz at all.
    25        Sometimes they may have a reason for "not remembering".
              If you get an answer from a witness that they cannot 
    26        remember or they cannot remember specifically, and you 
              have something specific to put to them, then you might 
    27        find it just as well to put it straightaway then.  If a
              witness is being genuine and they do have a recollection
    28        hidden away there it may trigger it.
 
    29   MS. STEEL:   I will ask that question first then.
 
    30   MR. JUSTICE BELL:  Put it again now.  You need not put another
              question on this point if you do not want to.  It is just