Day 120 - 03 May 95 - Page 62
1 you go there".
2
3 Q. Okay. The crew could not just work that out amongst
4 themselves; they would have to ask someone?
5 A. They might very well at times, at low volume times,
6 there will not necessarily be a Manager on that area, and
7 Charlie will say: "Brian, can you watch me for five
8 minutes?" and he will run to the toilet.
9
10 Q. So, if someone was disciplined or sacked for -----
11
12 MR. RAMPTON: My Lord I must intervene at this stage because
13 I observe that Mr. Shaw is not one of the Defendants'
14 witnesses. The only evidence about this particular
15 instance comes from the Plaintiff's side. There is no
16 evidence at all that this has ever happened. So, one needs
17 to be a little bit cautious of that, bearing in mind what
18 the Court of Appeal said, of course.
19
20 MR. MORRIS: I hope Mr. Rampton is not going to jump up every
21 time I go through these pleadings and tell the witness what
22 he should say.
23
24 MR. JUSTICE BELL: It rather depends what you are going
25 to -----
26
27 MR. MORRIS: I am going to object strongly -----
28
29 MR. JUSTICE BELL: Are you not going to be asking me what
30 I think of this when one sees what evidence we have at the
31 end of the day?
32
33 MR. MORRIS: Yes.
34
35 MR. JUSTICE BELL: This is what I was trying to express before
36 the break, really, just how productive it is to ask
37 Mr. Nicholson because, with every respect to Mr. Nicholson,
38 I listen to what people say their attitude to practices
39 are, but once one can see what incidents have be
40 established, I am going to be pig-headed enough to form my
41 own view as to whether that is bad enough to justify what
42 may be said in the leaflet which relates to it, really.
43
44 You see, it does not matter one way or the other, if
45 Mr. Nicholson does not disapprove of something, I might,
46 nevertheless, disapprove of it; if Mr. Nicholson does
47 disapprove of something, I might think: "Well, that is a
48 bit of a storm in a teacup". You really want to establish
49 your facts.
50
51 The first thing, I would have thought, is to ask
52 Mr. Nicholson if he knows anything about a Jeffrey Shaw of
53 King Street. I anticipate his answer probably is going to
54 be "no", but that is your first question. It is quite
55 right that you should ask what the procedures are if
56 someone wants to go to the loo when they are working. You
57 have done that. (To the witness): Do you know anything
58 about Jeffrey Shaw, Mr. Nicholson?
59 A. I knew nothing until I was asked to enquire into this,
60 nothing at all.
