Day 198 - 08 Dec 95 - Page 30


     
     1        something he could deal with and we could meanwhile have a
     2        look and see if there exists independently of the
     3        performance reviews figures for the Colchester High Street
     4        restaurant, in particular, for the time when Mr. Davis was
     5        Manager in relation to turnover.
     6
     7   MR. JUSTICE BELL:  What about Tracey Milleine?
     8
     9   MR. RAMPTON:  In view of what Mr. Coton has said, Tracey
    10        Milleine, the value of her evidence, would only now be
    11        this, since Mr. Coton has accepted, broadly speaking, the
    12        substance of what she says, that she will say that she
    13        first noticed -- I think this is what she said -- she first
    14        noticed this discrepancy in her pay in September 1990.
    15
    16   MR. JUSTICE BELL:  Are you asking to call her or not?
    17
    18   MR. RAMPTON:  No, my Lord, I am not, because I think Mr. Harney
    19        can properly deal with that allegation.  I really do not
    20        want to load your Lordship down with a whole -----
    21
    22   MR. JUSTICE BELL:  No, I only want you to call that which you
    23        feel, in fairness, you should.
    24
    25   MR. RAMPTON:  Yes.  My Lord, I am not sure when she worked under
    26        Mr. Davis, that she was in a position to -----
    27
    28   MR. JUSTICE BELL:  She worked under Mr. Davis when she was Simon
    29        Gibney's girlfriend.
    30
    31   MR. RAMPTON:  Yes, she did.
    32
    33   MR. JUSTICE BELL:  Then she came back in June of 1990 when
    34        Mr. Coton was Manager.
    35
    36   MR. RAMPTON:  That is right, and it is in that period that she
    37        first noticed that her card was docked, she says, and this
    38        is what the note says what she will say.
    39
    40   MR. JUSTICE BELL:  So, it is Mr. Davis, Mr. Harney,
    41        Mr. Atherton.
    42
    43   MR. RAMPTON:  And Mr. Skehel.
    44
    45   MR. JUSTICE BELL:  Mr. Skehel, Mr. Tim Taylor's statement.
    46
    47   MR. RAMPTON:  That is right; possibly Mr. Guerin, but, as I say,
    48        I do not want to over-egg the pudding, otherwise the case
    49        will never end if I dip my hand too far into the brand tub.
    50 
    51   MR. JUSTICE BELL:  Yes. 
    52 
    53   MR. RAMPTON:  My Lord, that is my application - Davis, Harney,
    54        Skehel and Atherton and Taylor by Civil Evidence Act
    55        notices.  I would hope, if your Lordship gave leave, to do
    56        that as soon as possible after the start of next term.
    57
    58   MR. JUSTICE BELL:  Do you oppose this?  They are all matters
    59        which have only been in the picture really since
    60        Mr. Coton's statement came to light at the end of October,

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