Day 128 - 24 May 95 - Page 48


     
     1   Q.   If that happened, that there were consistent shocks off one
     2        particular piece of equipment and it was not immediately
     3        repaired, is that something that the Company would
     4        investigate?
     5        A.  I mean, if the Company knew about it, it would be
     6        repaired because that is part of the reporting system, is
     7        that electric shocks of any sort are notified straightaway,
     8        but the Equipment Department is advised and that a
     9        competent electrician gets in there and has a look at the
    10        equipment straightaway.  It is not used until then.
    11
    12   Q.   Is that what you presume?
    13        A.  That is -- I have lots of examples where that has
    14        happened.
    15
    16   Q.   So you are not aware of any instances where equipment has
    17        been reused after giving electric shocks?
    18        A.  Not aware of any.  It does not mean it has not happened
    19        because, as with any procedure or any system, it can fail.
    20        We discussed that before where people are involved and,
    21        unfortunately, sometimes mistakes are made and the system
    22        is not always followed.
    23
    24   Q.   Are you aware of an incident in the first half of 1991
    25        where an employee named Sarah Stibbards was injured?
    26        A.  No.
    27
    28   Q.   And she sued the Company?
    29        A.  No.
    30
    31   Q.   You are not aware of that?
    32        A.  No.
    33
    34   Q.   Is that not something that would be investigated by your
    35        Department?
    36        A.  Again, if you are talking early 1991, it would still be
    37        the Security Department that would investigate that.  If
    38        there are insurance claims these days, the Insurance
    39        Manager contacts my people to get a copy of the accident
    40        investigation report.  But, as I explained before, it is
    41        usually the Operations people that investigate it and my
    42        people follow up on it.
    43
    44   MR. RAMPTON:  My Lord, I must, I think, intervene at that stage.
    45          I wanted to be sure of my ground before I did.  The
    46        questions Ms. Steel has just asked about Sarah Stibbards
    47        are not proper questions.  The allegation is in the
    48        pleading.  We were asked to make discovery.  We cannot find
    49        any trace of that person.  She is not even listed as one of
    50        the Defendants' potential witnesses. 
    51 
    52        Ms. Steel is quite entitled to ask Mrs. Barnes whether she 
    53        has hard of the case.  The Court of Appeal have said that.
    54        What she is not entitled to put to Mrs. Barnes is that
    55        Mrs. Barnes' Department would have investigated that
    56        incident.  There is no evidence that the incident ever took
    57        place or, indeed, that the young lady even exists.
    58
    59   MR. JUSTICE BELL:  I have forgotten what the state of play was
    60        there.  I was going to ask if there was any evidence, or

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