Day 208 - 24 Jan 96 - Page 24


     
     1
     2   MR. JUSTICE BELL:  Do not let us argue about it.
     3
     4   MS. STEEL:  -- it is because they do not want to do it.
     5
     6   MR. JUSTICE BELL:  Let us just carry on now.  From time to time
     7        I try to help by giving my reactions, in case it might help
     8        you as to where you go next.  If it just leads to arguing
     9        the toss about it, I regret saying anything.  But the point
    10        was, I did not want you to think that I had interpreted his
    11        smile as something sinister because that is not the way it
    12        came across to me.
    13
    14   MS. STEEL:  I interpreted the smile (and I shall make this point
    15        later) as embarrassment because he was boxed into a corner
    16        that he could not get out of.
    17
    18   MR. JUSTICE BELL:  You will not persuade me on that, whatever
    19        you say.  I can see a way a person smiles.  I have to form
    20        my own judgment on it.
    21
    22   MS. STEEL:   He did it three different times with three
    23        different questions and failed to answer the questions
    24        properly, so it is blindingly obvious to me.
    25
    26   MR. JUSTICE BELL:  Carry on with your cross-examination.
    27
    28   MR. MORRIS:  You are hourly paid, are you?
    29        A.  Yes, I am.
    30
    31   Q.   What average hours do you work in a week about?
    32        A.  At the moment about 40 to 45.
    33
    34   Q.   40 to 45.  Do you ever work seven days a week?
    35        A.  I have done on a very rare occasion.
    36
    37   Q.   Would that be when you are on a close each day?
    38        A.  I do not ever remember doing seven closes in a row, no,
    39        but I remember doing five in a row a lot of the time, but
    40        that is as far as it went.
    41
    42   Q.   So, if you worked seven days in a row, it would be seven
    43        shifts, seven full shifts but that -----
    44        A.  Not necessarily seven full shifts.  I mean, sometimes
    45        you would work, if you had a day off and you phone up and
    46        you say, you know, "I would quite like to work; have you
    47        got any hours?"  You go and do, sort of, 12.00 until 4.00,
    48        which I would not consider to be a full shift by any
    49        stretch of the imagination.
    50 
    51   Q.   So cast your mind back when you said you have done seven 
    52        days in a row -- were you here yesterday when we went 
    53        through the clock card files with people who had worked
    54        seven, eight or nine days in a row?
    55        A.  Yes.
    56
    57   MR. RAMPTON:  My Lord, that is not accurate; what Mr. Morris did
    58        was to go through the schedules.
    59
    60   MR. MORRIS:  No, I went through the clock card files mainly, and

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