Day 086 - 09 Feb 95 - Page 27
1 because the parties want to work together to ---
2 A. Yes.
3
4 Q. -- achieve a satisfactory result.
5
6 MR. MORRIS: So, in other words, there may be a provision for
7 challenging it or countering it or something, but the
8 Notice itself is compulsory?
9 A. No, I do not believe it is. If we open a restaurant
10 very often -- in a new area, the Environmental Health
11 Officer would come round and see things about our system
12 that he does not perhaps understand and raise things or put
13 it on an Improvement Notice.
14
15 Q. This is not about something that they do not understand, is
16 it? This is about something-----
17
18 MR. JUSTICE BELL: Mr. Morris, does it really matter whether it
19 is absolutely essential? He obviously thought it was a
20 good idea for the safety of people in that McDonald's that
21 this be done?
22 A. That is right, yes.
23
24 MR. MORRIS: I would say it is more than a good idea because the
25 following one talks about a suggestion (which is obviously
26 a good idea) and the previous one is an Improvement Notice.
27
28 MR. JUSTICE BELL: Yes, but your point is that things were not
29 as satisfactory as they should have been up until then.
30
31 MR. MORRIS (To the witness): So, having heard all the evidence
32 and thought about the issue in more depth, and it is fair
33 to say you were not involved at the time -----
34
35 MR. RAMPTON: No, my Lord, he has not heard all the evidence
36 about any matter.
37
38 MR. MORRIS: No, the evidence that he has hard.
39
40 MR. RAMPTON: That is a half-baked, partial account, for
41 heaven's sake.
42
43 MR. JUSTICE BELL: No, you cannot ask -----
44
45 MR. MORRIS: No, I am talking about the attitude of
46 Mr. McShirkie, yes, that McDonald's was in contravention of
47 the Electricity Regulations at Work Act, and that there was
48 a serious risk of personal injury from not having those
49 devices. (To the witness): Do you now accept that, in
50 fact, McDonald's should be man enough, if you like, brave
51 enough, to accept that they have been at fault, they were
52 partially at fault, at least, for that accident?
53 A. I am really uneasy in this. I am in a hypothetical
54 situation.
55
56 MR. JUSTICE BELL: No, I do not think it is the right question
57 to ask him and it is for me to answer in any event. He has
58 only been shown part of the evidence in the matter. He has
59 not heard the witnesses give evidence. He has not heard
60 them cross-examined. You lose nothing by him not answering
