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.

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