Day 259 - 10 Jun 96 - Page 48


     
     1
     2   MR. MORRIS:  I am challenging it.  I mean, the thing is the way
     3        to challenge it, because it is hearsay evidence and it is
     4        no proof of the fact, he may not even have been happy about
     5        it, he may have just -----
     6
     7   MR. JUSTICE BELL:  Have you tried to trace Mr. Mills?
     8
     9   MS. STEEL:   It is not our job.  If the Plaintiffs want to rely
    10        on what he is saying, it is their job to call him.
    11
    12   MR. JUSTICE BELL:  One way would be to try and trace Mr. Mills
    13        and found out if what Mrs. Pearce has said is true.  We
    14        really cannot have testing evidence.  I want to know what
    15        you challenge here.  If you are suggesting that Mrs. Pearce
    16        has not told me the truth about something, put it to her,
    17        not what conclusion I draw from the evidence.  I will put
    18        her evidence together with the mass of other evidence
    19        I have heard on this topic and see what I make of it.
    20
    21   MR. MORRIS:  Her memory seems to be shaky on a number of things,
    22        so testing her memory is one thing, where she seems to
    23        remember this so clearly.
    24
    25   MR. JUSTICE BELL:  Unless you challenge something in her
    26        evidence, I am going to stop you, because I do not know
    27        what you dispute and what you do not dispute, and you have
    28        been cross-examining for something like half an hour.
    29
    30   MR. MORRIS:  I dispute that this is what he said.
    31        I dispute -----
    32
    33   MR. JUSTICE BELL:  Please put it to the witness.  Put your
    34        challenge to the witness.
    35
    36   MS. STEEL:   You cannot remember what the witness said -- sorry,
    37        you cannot remember what Mr. Mills said exactly?
    38        A.  Yes, I can remember what he said.
    39
    40   Q.   Exactly?
    41        A.  Can you remember what somebody said to you exactly ten
    42        years ago?
    43
    44   Q.   I am asking you a question.
    45        A.  I am answering it.
    46
    47   MR. JUSTICE BELL:  She has already said this morning that she
    48        cannot -----
    49
    50   THE WITNESS: I can remember perfectly well that he was always 
    51        very happy with what he found within my department. 
    52 
    53   MS. STEEL:   You cannot -----
    54        A.  Very happy.
    55
    56   Q.   You said you cannot remember what he said to you?
    57        A.  He was happy that we were paying in accordance with the
    58        Wages Council, as it was laid out then.  We were paying
    59        over, if not the minimum.
    60

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