Day 171 - 11 Oct 95 - Page 33
1 is right is that I should volunteer material to the
2 Defendants which might show that X, Y and Z were, in their
3 eyes, exploited. What I would be willing to do is to show
4 the hours without giving the names. I do not see, myself,
5 if I may say so respectfully, why I now have to give the
6 Defendants, in effect, a list of dozens of names of
7 potential witnesses that they do not have and cannot get
8 through the efforts of their own witness Mr. Logan who was
9 there for four or five years. I do not know if I can
10 add -----
11
12 MR. JUSTICE BELL: The only other loose end I had on the
13 schedules and so on, because it does not appear on
14 Mr. Morris' list and you have not suggested it so far, is
15 any discovery which might help, if there is going to be a
16 big issue about it, about the events of
17 9th November, 1994.
18
19 MR. RAMPTON: Your Lordship is absolutely right to raise that.
20 I meant to mention it this morning and forgot. What we are
21 looking for at the moment -- it may be even on the fax
22 machine now -- is the clock card sheets for the relevant
23 periods, which might be 9 and 10. The reason I say that is
24 that the clock card sheets -- and this is why they take a
25 bit of time to work out -- start at midnight or just after
26 midnight and are dated for the date when they actually
27 start. So the clock card sheet dated 10th November will
28 show whose shift overran from the previous week into the
29 early hours of 10th November. That is one sheet I think
30 one needs. The other sheet we need is the one for
31 9th November which shows when people started and when they
32 finished during the course of that day, some of whom will
33 have gone on up to just before midnight, some through
34 midnight, who appear then on the next day's sheet as well.
35
36 MR. JUSTICE BELL: Should we not have the schedule for that week
37 on the basis that what has been suggested is that enough
38 people were not scheduled. The clock card sheet -- it
39 would just be conceivable, though it might be thought to be
40 unrealistic, that not enough work people were scheduled and
41 more were brought in at the last minute.
42
43 MR. RAMPTON: It is conceivable. Certainly, I agree that we
44 should -- though as I understand Mr. Logan's allegation,
45 what happened was, according to him, although it is
46 disputed by Mr. Richards, is that we actually arrived in
47 the restaurant ---
48
49 MR. JUSTICE BELL: I know. I am well aware of that.
50
51 MR. RAMPTON: -- to find there were not enough people. The clock
52 card sheets will deal with that with one fell swoop, I feel
53 sure, one way or the other. But we will certainly look and
54 see if we have the schedule for that.
55
56 MR. MORRIS: Can I just come back on that one, because I have
57 not dealt with that.
58
59 MR. JUSTICE BELL: I think we will have to come back at two
60 o'clock.
