Day 128 - 24 May 95 - Page 40
1
2 MR. RAMPTON: Again, my Lord, Ms. Steel really must not do
3 this. She knows perfectly well, I think, that the Company
4 was acquitted on appeal to the Crown Court.
5
6 MS. STEEL: No, I do not know that actually. There is an appeal
7 notice in there ---
8
9 MR. RAMPTON: Yes.
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11 MS. STEEL: -- but there is nothing of the result of the appeal
12 which I presume there would be if the Company had been
13 acquitted.
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15 MR. JUSTICE BELL: Do we have evidence that it was?
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17 MR. RAMPTON: I cannot remember, my Lord, without trawling
18 through.
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20 MR. JUSTICE BELL: Is this the one we had some time ago?
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22 MR. RAMPTON: I think Mr. Nicholson may have spoken about it.
23 I cannot remember now. That is the fact. If necessary, it
24 could be proved by a formal notice or certificate of
25 acquital from the Crown Court.
26
27 MR. JUSTICE BELL: I think, before we go to that length, that
28 someone should discover whether it was Mr. Nicholson --
29 someone has mentioned an appeal succeeding.
30
31 MR. RAMPTON: Yes, that is right.
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33 MR. JUSTICE BELL: I cannot recall what it was in relation to.
34
35 MR. RAMPTON: I cannot remember who it was, but it was mentioned
36 in evidence. I am sure of that.
37
38 MS. STEEL: The final document is a notice of appeal, but there
39 is nothing that appears after that.
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41 MR. JUSTICE BELL: Yes, I can see the notice of appeal and I am
42 not asking it to be tracked down now, but at some stage
43 I must know whether there is actual evidence of a
44 successful appeal.
45
46 MS. STEEL: What steps did the Company take after this court
47 case?
48 A. I believe the floor was replaced.
49
50 Q. Were there steps taken to check all stores with similar
51 tiling?
52
53 MR. RAMPTON: My Lord, I am sorry to interrupt, but it is
54 actually paragraph 13 of Mr. Sid Nicholson's second
55 statement. He says "and on appeal by the Gravesham County
56 Court"; whether he mentioned it in evidence, at the moment
57 I cannot remember.
58
59 MR. JUSTICE BELL: It is a matter for you, Mr. Rampton, as to
60 whether you can identify it in his evidence and, if it is
