Day 166 - 28 Sep 95 - Page 53


     
     1        work you have got people working there.  He was hired to
     2        work in the mornings on breakfast, OK.  I said that point
     3        earlier.  When he arrives at work there are people in the
     4        restaurant.  They are called night closers.  They came in
     5        at 11 o'clock or midnight, whatever the set-up was for the
     6        store when it closed, and they worked through.
     7
     8   MR. MORRIS:  Presumably, some of them were still there when he
     9        left at ----
    10        A.  There would have been various members there, yes, at
    11        least five -- four/five.  There was a couple of people that
    12        went night closer, if you like, that were crew at one point
    13        for a short period of time at their request.
    14
    15   Q.   So, when Mr. Magill would leave, you say around 2 o'clock?
    16        A.  Yes.
    17
    18   Q.   Although he says 4 o'clock -- it does not matter -- some of
    19        the people who had done the night close would still be
    20        there and that is what made him think there were 24 ----
    21        A.  No, no, no.  When he came into work at 7 o'clock in the
    22        morning -- say he came in at quarter to 7 to get ready for
    23        work, he would see people there.
    24
    25   MR. MORRIS:  Of course.
    26
    27   MR. JUSTICE BELL:  How could that give him the impression that
    28        they had worked for 24 hours solid?
    29        A.  The one reference to a lad called Joe, there was one of
    30        the lads -- there were two that I remember went night
    31        closer for a period of time.  One was a chap called Goran
    32        and one was a chap called Joe.
    33
    34   Q.   I appreciate that, but he goes off at -- for this purpose
    35        it does not matter whether it is 2 o'clock or 4 o'clock in
    36        the afternoon?
    37        A.  Yes.  So somebody that he has been used to working with
    38        on a breakfast shift or a mid shift, maybe in one of the
    39        months, was there very early in the morning having worked
    40        as a night closer.
    41
    42   MR. MORRIS:  So really it was rather -- what you are saying is,
    43        rather than 24 hours he probably means it was a double
    44        shift?
    45        A.  No, both the two people I referred to ----
    46
    47   MR. RAMPTON:  No ----
    48
    49   MR. MORRIS:  The witness answered the question ----
    50 
    51   MR. JUSTICE BELL:  The picture I have is this:  What you are 
    52        saying, as I now understand it, is that Nick has, for a 
    53        period of time, seen a Joe working during the day because
    54        he is not just a night closer he works day shifts from time
    55        to time as well; he sees him working during the day for a
    56        number of days or weeks or whatever.  One morning he turns
    57        up at quarter to 7 and Joe is there.  So he assumes,
    58        wrongly you say, that Joe has not only worked the night
    59        shift but he has done it on top of the day shift which he
    60        has been working.

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