Day 174 - 17 Oct 95 - Page 12
1 the letter, though.
2
3 Q. I cannot see a reply in there from the Company. Would
4 there be some reason why the letter would not have been
5 kept if you sent a reply?
6 A. No, not that I know of, but I think this is -----
7
8 MR. JUSTICE BELL: Are you saying you replied or someone replied
9 on your behalf?
10 A. I would think that somebody replied to the letter.
11 I would be surprised if they did not. But I cannot recall
12 replying to the letter.
13
14 MS. STEEL: Sorry?
15 A. Sorry -- if that is your question, if I understand it
16 correctly.
17
18 Q. When I said "you", I was actually referring to the Company.
19 A. Yes.
20
21 MR. JUSTICE BELL: Yes. Well, it is possible that you did it.
22 You say somebody did. I suppose it is possible that
23 someone in your Company did. But what I was also
24 considering is whether solicitors did on your behalf or
25 not. Can you recall at all now?
26 A. If we replied to the solicitor's letter, my Lord?
27
28 Q. Yes -- no. Can you remember whether you dealt with
29 internally or solicitors dealt with it on your behalf; or
30 do you just not have any recollection?
31 A. I do not have any recollection, my Lord.
32
33 MS. STEEL: You do not have any recollection of -- if you
34 personally did not reply or someone in your firm did not
35 reply, but the solicitors replied, you do not have any
36 recollection of asking someone to find all the documents
37 that were being requested?
38 A. No, I do not have any recollection of that, sorry,
39 my Lord. May I say, having looked at it again a bit more
40 closely, I see that this letter has been copied to my
41 solicitor, Mr. Frank O'Donnell.
42
43 MR. JUSTICE BELL: Where do you get that from -- Mr. O'Donnell?
44 A. Yes. It is just at the top of the page: "CC
45 Mr. O'Donnell". He was my solicitor. So it would appear
46 that we sent this letter to Mr. O'Donnell.
47
48 MR. MORRIS: You say that you decided to sack Mr. Macken because
49 his work was not good enough, or something like that -- is
50 that what you said -- before the strike?
51
52 MR. JUSTICE BELL: No, that is not what Mr. Mehigan has said.
53
54 MR. MORRIS: He did say -----
55
56 MR. JUSTICE BELL: He said: "I did not want him back because he
57 was not a good employee at his work and he proved that he
58 was totally irresponsible by his actions on the picket
59 line." I may not have got it word perfect, but that was
60 the effect of the answer.
