Day 173 - 16 Oct 95 - Page 52
1 MR. JUSTICE BELL: Yes. I know you planned your
2 cross-examination no doubt in some detail. I do not want
3 to throw you by suggesting you take a direct line to the
4 main parts. To my mind, at the moment, the main parts are
5 hostility to unions and any sacking or discrimination as a
6 result. Pay, to my mind, comes a third and, possibly, a
7 poor third, simply because it is ten years before you are
8 alleged to have distributed the leaflet. We have got an
9 awful lot of evidence about what pay rates were much nearer
10 that time. That is all. You have got what the labour
11 board decided. You have certain answers from Mr. Mehigan
12 about his attitude towards unions having a place, and what
13 may be of most interest to me, having got that far, is
14 whether any particular employees were discriminated against
15 because of their participation in the events in the summer
16 of 1979.
17
18 Five minutes.
19
20 (Short adjournment)
21
22 MR. MORRIS: In the memo you mentioned something up to 20 people
23 were involved in this possible union activity before the
24 strike at the O'Connell Street store; yes, it is in the
25 memo -- that is quoting directly from the memo -- "Martin
26 Coughlin felt there ought to be possibly up to 20 involved
27 with the rumblings to do with union activity". Without
28 going into great detail, there are some names of people
29 that were identified as instigators in that memo, there
30 were four names that were not on the list that was
31 disclosed; do you remember the one that was a recent
32 document that had seven people down on it -- and anyone can
33 check that; there were also in the various affidavits
34 enclosed as documents to do with all the picketing
35 complaints, do you remember the legal action you were
36 trying to take to stop picketing or to limit the picketing?
37 A. Yes, the affidavits, yes.
38
39 Q. There were further names mentioned, including Dermott
40 Fallon and Kathy Smallneck, but they were picketers, were
41 they? Do you just remember?
42 A. I am sorry, are they mentioned in the affidavit as
43 picketers?
44
45 Q. Sorry, they are -- I mean, were Dermott Fallon and Kathy
46 Smallneck involved with the picketing of the O'Connell
47 Street store?
48 A. If they were mentioned in the affidavit, yes, they were
49 picketers.
50
51 MR. JUSTICE BELL: It comes out to about that. You have the
52 ones on the first page of the memo, or rather you have the
53 ones who are on the first page of tab 59A; there are seven
54 of them there. Then you have four who are on page 964 who
55 do not appear on the first page of 59A. So that takes you
56 up to about 11, and then if you think you have a few who
57 are mentioned here and there who do not appear on either
58 document you are getting nearer to 20 possible people.
59
60 MR. MORRIS: Yes. (To the witness) Would you accept something
