Day 188 - 15 Nov 95 - Page 62


     
     1        of that before you go home.
     2
     3   MR. MORRIS:  Thank you.
     4
     5                         (Short adjournment)
     6
     7   MR. JUSTICE BELL:  Yes.
     8
     9   MR. MORRIS:  The first one on page 7, I believe, about Kevin, we
    10        would say is relevant to explain -----
    11
    12   MR. JUSTICE BELL:  Wait a minute.  Let me find it.  Yes?
    13
    14   MR. MORRIS:  Relevant to explain the perception of the witness
    15        and the whole incident and the motivation -- for example,
    16        in the next sentence, which is not challenged, "I informed
    17        the police of this incident" -- and also may help to
    18        explain why the witness may have packed in his job at the
    19        Company, I would say it is not evidence of the fact but it
    20        is evidence that this is what the witness was told and that
    21        is relevant in terms of his perceptions, his perceptions of
    22        what the Company's attitude to unions was likely to be if
    23        he carried on.
    24
    25        So, in fact, really it is fairly central to the whole, to
    26        the understanding of the incident.  But we would accept it
    27        is not evidence of the fact that it happened that what
    28        Kevin told him what was necessarily true.  It is not
    29        evidence on that.
    30
    31        That is that one.  Are we going on to page 11?
    32
    33   MR. JUSTICE BELL:  Yes.
    34
    35   MR. MORRIS:  It is clear that the witness had seen the burn and,
    36        therefore, had spoken to the person who had the burn in the
    37        sentence before.  There is absolutely no indication that
    38        the details he says could only have come from the actual
    39        person.  They could quite easily have come from
    40        management.  Mr. Rampton said he is relying on what it says
    41        on pages 2 and 3 in the continuation statement.  All he
    42        says in there is that he did not see it happen.  He did not
    43        say, so he obviously was asked, as far as I can see, you
    44        know, "Did you actually witness the accident?", but that
    45        section is not about witnessing the accident; the section
    46        that Mr. Rampton is objecting to is about the aftermath of
    47        the accident, which would quite easily have come from
    48        management.  It may have been the management who told him
    49        that, or he may even have overheard the conversation
    50        between the management and the girl who suffered the burn. 
    51 
    52        So I would say it is not clearly hearsay, which just 
    53        leaves, I think, page 1 of the continuation statement.
    54        I do not feel highly strongly about this one.  I do not
    55        think it matters one way or the other whether it is in or
    56        out.  It is hearsay.  It may be thought to be relevant to
    57        the motivation of why somebody is trying to establish a
    58        trade union branch in a store.  Obviously, it shows
    59        concern, this sentence here shows concern over the working
    60        conditions.  I mean, it is clear that Mr. McGee is

Prev Next Index