Day 153 - 12 Jul 95 - Page 38
1 Q. -- however often that was, that would still be, 4 till
2 close would mean 4 till whenever it was, half 1 or 2 or, on
3 very odd occasions, 3 o'clock?
4 A. Very odd occasions till 3 o'clock. Generally, there
5 was no set time when the close would finish.
6
7 Q. Right. I understand.
8 A. It was until everything was cleaned.
9
10 MR. JUSTICE BELL: It look as long as it took?
11 A. Exactly, yes.
12
13 MR. MORRIS: I want to clarify that I am not expected to put
14 every line of Mr. Alimi's statement to the witness.
15
16 MR. JUSTICE BELL: No. I wanted to make sure I was not
17 misunderstanding it, because it might be that there is all
18 the world of difference between an occasional close which
19 takes to 3 or 4 a.m. for some unanticipated reason and
20 closes regularly take until 3 or 4 a.m., because a person
21 who might complain about the latter situation might just
22 think it is the rough with the smooth, in the former
23 situation. I do not know. That is why I was checking that
24 if this really arises from Mr. Alimi's statement, then in
25 so far as he is complaining about, he is complaining about
26 "regularly". I have found the reference now: "I would not
27 finish until 3 to 4 a.m. or even 6 to 7."
28
29 MR. MORRIS: He says "quite often".
30
31 MR. RAMPTON: No, my Lord. Page 4.
32
33 MR. JUSTICE BELL: I am looking at page 4. He may say the same
34 thing in slightly different words elsewhere; and, moreover,
35 he told management repeatedly that he did not like having
36 to do this because of his wife. I think perhaps you ought
37 to put that, because if you have a witness denying a
38 situation, if their denial is genuine but suffering from
39 lack of recollection, it is things like someone saying, "My
40 wife does not like it" which might bring it back to life.
41 Why do you not put that?
42
43 MR. MORRIS: Yes. (To the witness) Would it refresh your
44 memory if it was the case that Mr. Alimi was saying that he
45 had to have prior notice of late shifts, late close, very
46 late close finishing, such as 3 or 4 a.m., or whatever,
47 because he was not on the phone and his wife would be on
48 her own and she would not know whether he was coming home
49 or something had happened to him? Does that refresh your
50 memory, something like that being said at all?
51 A. No. Siamak never mentioned anything to me of the
52 sort. I do not remember him once making any complaint
53 about his hours or his expressing any discontent about
54 working late or getting any prior notice.
55
56 Q. It would not refresh your memory, if it may be the case,
57 that that was a complaint that was made some number of
58 times to Trudie Jones?
59 A. It would not refresh my memory at all. If that
60 complaint was being made to Trudie, then she would have
