Day 170 - 05 Oct 95 - Page 02
1 Friday, 6th October 1995.
2
3 MR. RAMPTON: My Lord, Mrs. Norris is here, but before she gives
4 evidence there are some few words I should like to say to
5 your Lordship. Can I first pass up two letters exchanged
6 yesterday, one from Mr. Morris mid-day and one sent by fax
7 and one faxed back by us at quarter to 3 in the afternoon.
8
9 I just ask your Lordship to read those without any comment
10 from me at the moment, so I can tell your Lordship where we
11 have got to.
12
13 MR. JUSTICE BELL: Yes
14
15 MR. RAMPTON: I do not know if your Lordship has read our
16 response?
17
18 MR. JUSTICE BELL: I have read that. I got a copy of that
19 yesterday.
20
21 MR. RAMPTON: Yes, the position is this, naturally enough
22 because we want to get on with the case, as soon as we got
23 Mr. Morris' fax we put enquiries in hand to see if we could
24 speak to Mrs. Norris about these matters, see if she knew
25 anything about them. She was out yesterday and we were
26 unable to get hold of her yesterday though we left messages
27 here and there and, through no fault of her own because she
28 knew nothing about it, we did not make contact with her
29 until this morning.
30
31 The position is this, that though she has some recollection
32 of knowing about, having heard of, some of these alleged
33 accidents, she has no direct knowledge of them at all.
34 Whether one infers from that they happened before her time,
35 she, your Lordship will remember, went to Epsom in 1989,
36 I do not know, but the fact is at the moment we are in no
37 position, quite obviously, to deal with these allegations.
38
39 One of the reasons for that is that we simply do not have
40 sufficient detail in particular in relation to dates and
41 names, dates particularly, to enable us to scout these
42 things out and see if there is anything in it at all.
43
44 In those circumstances, I would invite your Lordship to say
45 that the Defendants should not ask Mrs. Norris anything
46 about these accidents, excepts perhaps to ask her whether
47 she has any direct evidence to give about them and leave it
48 there. Meanwhile, if we get the further details that we
49 have asked for, then we can take steps to be in a position
50 to cross-examine Miss O'Riordon about them when she comes
51 to give evidence, and to make whatever discovery may follow
52 -- I say may follow -- from the allegations when they are
53 properly particularised.
54
55 Unless and until I know that it is alleged that all or any
56 of these accidents was the fault of McDonald's rather than
57 any employee themselves, I would not propose, unless your
58 Lordship directs me otherwise, to make any discovery.
59 There is plenty of time -- I do not know but it looks as
60 though Miss O'Riordon may even be in court now -- for the
