Day 153 - 12 Jul 95 - Page 35


     
     1
     2   Q.   So, things that would be retained would go to some kind of
     3        Company owned premises?
     4        A.  I do not believe that the crew files or anything within
     5        a restaurant would go to a Company owned premises, no.  I
     6        believe that they would keep the files or documents that
     7        they would need to keep by law or Company policy, and then
     8        anything else would be disposed of.
     9
    10   Q.   Say, for example, with an Accident Book, the franchisee
    11        might well start another one seeing as, you know, that is
    12        when they are first starting their responsibility for the
    13        store, but the Company might has an obligation to keep the
    14        Accident Book; would they leave it in the store for the
    15        franchisee to look after or would they take it and keep it
    16        themselves?
    17        A.  Probably leave it -- I do not know, I am not actually
    18        sure what happens in that instance.
    19
    20   Q.   You said in your statement that you understood that the
    21        Colchester Accident Book no longer existed; why did you say
    22        that?
    23        A.  Because it is -- it would seem strange for me for it
    24        still to be in existence from, sort of, that period, long a
    25        period ago.
    26
    27   Q.   So was that something that was just a guess on your part or
    28        was that something that somebody told you?
    29        A.  That was just a guess on my part.
    30
    31   Q.   Why did you say, "I understand no longer exists"?
    32        A.  I do not know.  I cannot recall.
    33
    34   Q.   You do not know?  You did not make any enquiry to find out
    35        whether or not it did still exist?
    36
    37   MR. RAMPTON:  It would not be his business to make that enquiry,
    38        with respect.  It was found, as your Lordship knows.
    39
    40   MS. STEEL:  It would be Mr. Davis's business to find out whether
    41        it exists before he made a statement indicating that it did
    42        not exist.
    43
    44   MR. JUSTICE BELL:  Yes.  If you are going to suggest that goes
    45        to his credit, take the point up with me later.
    46
    47   MS. STEEL (To the witness):  Were you told to put that in your
    48        statement or was that your own suggestion?
    49        A.  Can I have a quick look at my statement to see what it
    50        actually says? 
    51 
    52   Q.   It should be tab 33, I think. 
    53        A.  Sorry, what paragraph is it?
    54
    55   Q.   Page 212.  Paragraph 10.
    56        A.  What I meant when I said it was -- basically, when
    57        I gave the statement, by -- when I said "which I understand
    58        no longer exists", that was purely a guess.  I would not
    59        have expected it to exist from that time.  That is what
    60        I meant by that sentence.

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