Day 128 - 24 May 95 - Page 37
1 reason, whether or not one anyone actually fell, and the
2 prosecutor has chosen two alternative sections under two
3 separate statutory provisions to lay the information on it.
4
5 MR. RAMPTON: My Lord, I am trying to save time. One really
6 needs to look at tab H as well. It may be an explanation
7 why Mrs. Barnes does not know about this. One can see what
8 the result of the prosecution was.
9
10 MS. STEEL: Whether or not the Company was acquitted on some
11 technicality does not have any bearing on whether the
12 Company investigated what happened, which is what I was
13 asking about.
14
15 MR. RAMPTON: Who says it was?
16
17 MR. JUSTICE BELL: Do we know the circumstances of the
18 acquittal?
19
20 MS. STEEL: What says it was not?
21
22 MR. JUSTICE BELL: We just know it was on the basis of a
23 technicality. If you can point out that it was, fair
24 enough.
25
26 MS. STEEL: I was merely asking whether Mrs. Barnes knew
27 anything of investigations by the Company about these
28 matters. I did not say anything about them having been
29 convicted. It is Mr. Rampton trying to imply it was all
30 false because they were acquitted.
31
32 MR. JUSTICE BELL: Fair enough, but Mrs. Barnes having said she
33 cannot remember, I wondered if you were going to jog her
34 memory in any way with some circumstances which you know
35 because, if you cannot do that, she has just said she
36 cannot remember.
37
38 MS. STEEL: I do actually have some recollection that the reason
39 they were acquitted was something to do with them saying it
40 was the fault of an employee for not mopping the floor, or
41 something like that.
42
43 MR. JUSTICE BELL: That is a fairly regular situation, that.
44
45 MS. STEEL: To be honest, I cannot remember where I read that.
46 I was just asking about investigations that the Company
47 made -----
48
49 MR. JUSTICE BELL: I appreciate that, but the answer was that
50 Mrs. Barnes could not remember.
51
52 MS. STEEL: If the Company does get a summons, does it
53 investigate the matter before it goes to court, or does it
54 just wait to see what the outcome is before it carries out
55 any investigations?
56 A. Well, now there is a formal accident investigation
57 procedure in place, we would have all the information
58 anyway gathered at the time of the accident.
59
60 Q. But this was prior to that time?
