Day 140 - 22 Jun 95 - Page 44


     
     1        She has already put to you what she believes common sense
     2        dictates what that means, but I would put it to you that
     3        that is an absolute fundamental point in evaluating what
     4        the truth of the PUP survey is, is what dates the actual
     5        starting -- or you have put entry rates, which are
     6        different -- but starting rates of the wages that were
     7        being investigated by TPF & C; and that does not appear in
     8        this document except for in that line about "May".
     9
    10   MR. JUSTICE BELL:  Mr. Morris, the position is this:  I have the
    11        point that the summary is written in the present tense.
    12        There are two aspects to that:  first of all, whether I am
    13        to accept Mr. Stein's evidence -- and I do not know what
    14        other evidence I will get, apart from the documentation
    15        I have been directed to at the moment -- whether I should
    16        accept Mr. Stein's evidence that, albeit it is written in
    17        the present tense, the relevant rates of starting pay were
    18        those which prevailed in the last two months of 1989 or
    19        ones which prevailed at the time the inquiries were sent
    20        out and answered, i.e., around July 1990.
    21
    22        The second point is, even if I thought that Mr. Stein was
    23        in error about that -- at the moment, all I say is "in
    24        error" -- I would have to consider whether his evidence is
    25        reliable that there had been no conscious manipulative
    26        change to the rates between the end of 1989 and the middle
    27        of 1990.  Now, I have got that.
    28
    29        You can direct me to anything in this in argument which you
    30        think helps the matter.  If there is a question of fact you
    31        want to put, or another document, or something from what
    32        you anticipate the evidence of any witness (live or Civil
    33        Evidence Act) will be, then please do so.  But I have got
    34        the argument.
    35
    36   MR. MORRIS:  You mentioned the Glen Berkin survey which is the
    37        report from The Philadelphia Enquirer?
    38        A.  Yes.
    39
    40   Q.   The Philadelphia Enquirer is one of the main quality papers
    41        in the United States, is it not?
    42        A.  Do not ask me to verify that.
    43
    44   Q.   Is it a paper of record in the United States which means
    45        that it has an authority, a legal authority, in the courts,
    46        the material that is produced in The Philadelphia Enquirer?
    47        A.  It is it a corporation in the United States?
    48
    49   Q.   Is it a paper of record?
    50 
    51   MR. JUSTICE BELL:  I have to say, I am not helped by this. 
    52 
    53   MR. MORRIS:  OK.
    54
    55   MR. JUSTICE BELL:  There are some eminent journalists who write
    56        for tabloids, and I read some things in a paper of record
    57        which I know to be wrong.  It cannot help me eventually
    58        here.  I have to go deeper than that.
    59
    60   MR. MORRIS:  I understand that.  It is just a paper or record in

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