Day 151 - 10 Jul 95 - Page 46
1 my attention, or having to bring it to the attention of any
2 of the managers in Clacton or Colchester.
3
4 Q. Is it possible that sometimes things could escape your
5 eagle eye while you were checking?
6 A. I am only human but I would like to think again that
7 had I had a problem with it, I would have spotted it if it
8 was such a blatant problem.
9
10 Q. When you say that, is that like with Mr. Alimi, the
11 blatancy is the regularity with which it occurred, or did
12 not occur, whatever you say, but what I am saying is that
13 if it happened from time to time, it may escape your
14 attention, or no-one thought it was a problem, but if it
15 happened on more than a certain scale, then you would
16 expect it to come to your attention?
17 A. Certainly
18
19 MR. JUSTICE BELL: When you say "I do not recall it being a
20 problem", what you are being asked is, firstly, may it have
21 happened from time to time, may it be that a young woman
22 under the age of 18 worked past 10 from time to time or a
23 young man past midnight?
24 A. I guess in terms of human nature that could have
25 occurred but I do not recall there being such an ongoing
26 problem with it. Someone going out may have clocked out at
27 one minute past but I do not recall that.
28
29 Q. You see you use the word "problem"?
30 A. Sorry?
31
32 Q. It creates a difficulty because I do not know whether it
33 would be seen as a problem if it happened just once. True
34 it is against the law, but whether you would see it as a
35 problem, provided you followed it up and someone said:
36 "Yes, I have got you as only 17", or something of that
37 kind. What do you mean when you say "a problem"? Do you
38 mean it is something which is against the rules and
39 happening often or more than once?
40 A. The difficulty is I am being asked to surmise if it was
41 a problem. I do not know if it was. I do not think it was
42 a problem. I certainly do not recall there being a problem
43 so I am guessing if there was a problem.
44
45 Q. Is what you are saying this, that if it had happened to any
46 significant extent, you think you would remember it and
47 cannot remember it?
48 A. I would have remembered it.
49
50 Q. And you cannot remember it?
51 A. I cannot remember any such occasion such as that.
52
53 Q. Although you are not prepared to say it never happened, you
54 do not think it happened to any significant extent, is that
55 it? Do not let me lead you into it?
56 A. No. I am trying to be as helpful as possible in terms
57 of going back 8 or so years in terms of remembering. I do
58 not remember there being a problem with underage working
59 so, therefore, I think it is better for me to say that I do
60 not think it was not a problem.
