Day 143 - 27 Jun 95 - Page 02

     1                                      Tuesday, 27th June 1995.
     3   MR. RAMPTON:  My Lord, before the cross-examination continues,
     4        I should like to show your Lordship something.  Your
     5        Lordship will, of course, recall the attack which was made
     6        in relation to the Philadelphia wages issue.
     8   MR. JUSTICE BELL:  Yes.
    10   MR. RAMPTON:  The attack which the Defendants made on the
    11        integrity of the summary by Tower Perrin on McDonald's bona
    12        fides ---
    14   MS. STEEL:  That is actually incorrect.  We considered that it
    15        was a McDonald's summary.  We did not throw any doubt on
    16        the integrity of Towers Perrin.
    18   MR. RAMPTON:  -- on McDonald's bona fides and on the veracity
    19        and honesty of Mr. Stein as a witness.  That attack was not
    20        foreshadowed in any pleading or witness statement served by
    21        the Defendants.  In the light of that, what we have done is
    22        to obtain a statement notarised yesterday from Towers
    23        Perrin.
    25   MR. JUSTICE BELL:  Yes.
    27   MR. RAMPTON:  I would ask your Lordship's leave to offer that in
    28        evidence in this case under the Civil Evidence Act.  I have
    29        one for your Lordship and one each for the Defendants.
    30        Your Lordship will see that although the document is dated
    31        in the form of a letter to Mr. Stein, I would add that
    32        Mr. Stein, in fact, had nothing to do with the acquisition
    33        of this document; that was done by others.  Although the
    34        document is dated 23rd June, your Lordship will see the fax
    35        date and time on the front, which is roughly half past 11
    36        in the morning Philadelphia time yesterday, which means
    37        that it arrived in this country at half past four in the
    38        afternoon after court and the date of the notarisation,
    39        that we did not get it until yesterday evening.
    41   MS. STEEL:  We would like the opportunity to read this and then
    42        we may have some comment to make upon it.
    44   MR. JUSTICE BELL:  I propose to read it now.  You take the
    45        opportunity to read it now as well.
    47   MR. RAMPTON:  My Lord, the only thing I need to add to that, as
    48        your Lordship will see at the bottom of the second page,
    49        Mr. Myshat says that the originals of the executive
    50        summary, which is the document that your Lordship has, and 
    51        of the body of the report was submitted to McDonald's.  A 
    52        search has been made at Oak Brook.  Those originals can no 
    53        longer be found; all that they could find was what we have
    54        in court and those were copies.
    56   MS. STEEL:   Mr. Rampton said that we had no basis and gave no
    57        warning of our attack on Mr. Stein concerning this
    58        document.  I should point out that it was Mr. Stein who
    59        said that the summary was prepared by McDonald's in the
    60        first place.  If he wants to give contradicting evidence,

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