Day 206 - 22 Jan 96 - Page 33
1 that stands as evidence of the actual fact of conviction.
2
3 MR. MORRIS: I mean, if -----
4
5 MR. JUSTICE BELL: I will insert one sentence in addition to my
6 ruling which will make the point, but what I am trying to
7 do, although it is not my job to tell you how to prepare
8 your case, the fact is that you should be able, if those
9 convictions did actually take place, if the person who did
10 the potted computer printout refers to a particular
11 newspaper, goes back one stage further, just in relation to
12 those seven, you might find that the newspaper report says
13 in which court the conviction actually occurred. Then it
14 is a fairly short step to seeking with his help, or without
15 it, or with someone else's help a certificate of those
16 convictions.
17
18 MR. MORRIS: Yes, I mean, if it turns out, of course, that there
19 was a conviction of a McDonald's store, do not forget
20 Mr. Stein has written a statement basically denying all
21 knowledge about anything, and saying that the Company has
22 no records which you took to be a denial, as far as
23 I understood it, and on that basis disallowed our ------
24
25 MR. JUSTICE BELL: No, I took that to be a statement that the
26 Company has ---
27
28 MR. MORRIS: No knowledge.
29
30 MR. JUSTICE BELL: -- he has no knowledge. I have inferred from
31 that that the people in his department of whom he made
32 inquiries had no knowledge, and he says in terms that his
33 department has no records of it. In fact, if you look at
34 his statement, only one of the convictions alleged is
35 necessarily a McOpco store. In relation to all others he
36 either says: "We do have stores there, but they are all
37 franchisees", or "We have stores there", I think he says in
38 relation to one allegation, "we have stores in that area,
39 two of them are McOpco and two are franchisees". My
40 recollection is it is only in relation to a store in
41 Fairlawn, New Jersey, that he actually says that there is a
42 store in Fairlawn, New Jersey, and it is a McDonald's own
43 store.
44
45 But, there you are. It is not for me to give you an advice
46 on evidence but ......
47
48 MR. MORRIS: Yes. Maybe we will do our best.
49
50 As far as the Civil Evidence Act notice on the whole of the
51 transcript and statements of Stan Stein to Congress,
52 I would not object to it all being a Civil Evidence Act
53 notice with one proviso, which is that it does not
54 necessarily mean that I am agreeing with every word that
55 Mr. Stein is saying if we are putting a Civil Evidence Act
56 notice on the whole statement. Obviously, the bits that we
57 are relying on are the bits that we have identified. So,
58 as long as that is accepted. He does not, effectively,
59 become our witness.
60
