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.
