Day 133 - 12 Jun 95 - Page 42


     
     1   MR. JUSTICE BELL:  Do not concern yourself about that.  We will
     2        resume at 2 o'clock and carry on from then.
     3
     4                        (Luncheon Adjournment)
     5
     6                   Cross-examined by the Defendants
     7
     8   MR. MORRIS:  I am not sure if it is a legal point or a matter
     9        for the witness really, but in paragraph 17 of the
    10        witness's statement it referred to the turnover rate.
    11        Sometime before May of last year -- I cannot find the
    12        affidavit -- we asked for documents relevant to turnover.
    13        The reply from Patty Brinley-Codd in her affidavit No. 11,
    14        on page 5 of her sworn affidavit, was:  "There were no
    15        documents".  Assuming that to be true -- the documents
    16        which were disclosed last week -----
    17
    18   MR. JUSTICE BELL:  Just pause a moment.  Ask Ms. Mead what you
    19        want to ask about when documents came into effect and how
    20        they might have been discovered if it is a matter you want
    21        to take up in comment later, but then reserve any comment
    22        for later.
    23
    24   MR. MORRIS:  Yes.  The documents -----
    25
    26   MR. JUSTICE BELL:  It is something one says to counsel and,
    27        therefore, not just to you, decide whether you are making
    28        the enquiry in order to suggest that a document is not
    29        genuine, for instance, on the one hand or whether it is
    30        because you want to make some kind of point as to some
    31        procedural ineptitude, if that is what you suggest.
    32
    33   MR. MORRIS:  (To the witness):   Can you explain how that may
    34        have been the view of your Company's legal representatives,
    35        that there were no documents and that last week we get a
    36        whole pile of documents relating to the very issue of
    37        employee turnover?
    38        A.  I am afraid I have not understood which part of this
    39        you are referring to from my statement, and I do not know
    40        what was in the affidavit you referred to to know what they
    41        said they did not have.
    42
    43   MR. JUSTICE BELL:  I mean, I would not ask Ms. Mead to explain
    44        what Mrs. Brinley-Codd may or may not have sworn.  By all
    45        means ask in relation to specific documents where they came
    46        from and when Ms. Mead was first asked about them.  Then on
    47        another occasion you can refer me to Mrs. Brinley-Codd's
    48        affidavit if you have some specific point to make and we
    49        can take it from there.
    50 
    51   MR. MORRIS:  To be honest, I am completely overwhelmed with 
    52        documents and find it hard to keep them in any kind of 
    53        order.
    54
    55   MR. JUSTICE BELL:  Just sit down for a moment.  If you want to
    56        make a point on this, why do you not get on with the nuts
    57        and bolts of your cross-examination about matters of fact?
    58        Then, assuming you have not finished cross-examining today,
    59        come back in the morning with the point you have in mind at
    60        the moment.

Prev Next Index