Day 130 - 26 May 95 - Page 19


     
     1        shift that evening was fully qualified, but obviously he
     2        was ill and somebody else took his place.
     3
     4   Q.   So you not sure whether you are actually breaking the law,
     5        but anyway you were breaking your claimed policy?
     6        A.  Certainly, we were not -- certainly we did not have a
     7        First Aider on shift that night and, yes, it is our policy
     8        there was one there all of the time.
     9
    10   MR. JUSTICE BELL:   You gave a reason yesterday that you cannot
    11        have an absolute protection there, because you could hardly
    12        be expected to have two First Aiders on at one time.  The
    13        world being what it is, it is going to be the First Aider
    14        who has the accident every now and again?
    15        A.  Occasionally, yes.  I think I mentioned we also have a
    16        one-day First Aid course that particularly the dining area
    17        people go on, which does not qualify them in full First
    18        Aid.
    19
    20   Q.   But gives them a start?
    21        A.  Exactly, so if it is the First Aider who is injured, at
    22        least there is somebody else in the restaurant who knows
    23        what to do, and knows the procedures for phoning the
    24        ambulance, and this sort of thing.
    25
    26   MR. MORRIS:  Going on to page 7, your fifth paragraph, just half
    27        a sentence or half a line -- "The plug was rewired in a
    28        dangerous condition".  The diagram which you put in there,
    29        is what you were told?
    30        A.  Based on my conversation with Vince Kelly, who sat
    31        there with me while I drew it.  Vince had actually seen the
    32        plug before it was taken away, the plug top before it was
    33        taken away.
    34
    35   Q.   You do not actually know that the plug was rewired in a
    36        dangerous condition, do you?
    37        A.  It was certainly in a dangerous condition at the time
    38        of the accident.  The wires were stripped bare, and there
    39        is no way they would strip themselves bare.  So to that
    40        extent, somebody had stripped them bare. Who it was, I do
    41        not know, and, no, there is no proof that it was Robert
    42        Chapman.
    43
    44   Q.   You do not know that the plug was in a dangerous condition
    45        at the time of the accident, do you, yourself; you did not
    46        see it, do you?
    47        A.  I did not see it but certainly Mr. Shirkie includes
    48        that in his report, and Mr. Dunn, his technical person,
    49        advised that.  So did Vince Kelly, which is qualified
    50        electrical engineer. They are a lot more qualified than me 
    51        to make that comment. 
    52 
    53   Q.   You do not know, even if it was, or was not, in a dangerous
    54        condition at the time of accident, whether Mr. Chapman was
    55        the last person to fix it?
    56        A.  No.
    57
    58   Q.   Do you?
    59        A.  I agree and -----
    60

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