Day 128 - 24 May 95 - Page 37


     
     1        reason, whether or not one anyone actually fell, and the
     2        prosecutor has chosen two alternative sections under two
     3        separate statutory provisions to lay the information on it.
     4
     5   MR. RAMPTON:  My Lord, I am trying to save time.  One really
     6        needs to look at tab H as well.  It may be an explanation
     7        why Mrs. Barnes does not know about this.  One can see what
     8        the result of the prosecution was.
     9
    10   MS. STEEL:   Whether or not the Company was acquitted on some
    11        technicality does not have any bearing on whether the
    12        Company investigated what happened, which is what I was
    13        asking about.
    14
    15   MR. RAMPTON:  Who says it was?
    16
    17   MR. JUSTICE BELL:  Do we know the circumstances of the
    18        acquittal?
    19
    20   MS. STEEL:  What says it was not?
    21
    22   MR. JUSTICE BELL:  We just know it was on the basis of a
    23        technicality.  If you can point out that it was, fair
    24        enough.
    25
    26   MS. STEEL:  I was merely asking whether Mrs. Barnes knew
    27        anything of investigations by the Company about these
    28        matters.  I did not say anything about them having been
    29        convicted.  It is Mr. Rampton trying to imply it was all
    30        false because they were acquitted.
    31
    32   MR. JUSTICE BELL:  Fair enough, but Mrs. Barnes having said she
    33        cannot remember, I wondered if you were going to jog her
    34        memory in any way with some circumstances which you know
    35        because, if you cannot do that, she has just said she
    36        cannot remember.
    37
    38   MS. STEEL:  I do actually have some recollection that the reason
    39        they were acquitted was something to do with them saying it
    40        was the fault of an employee for not mopping the floor, or
    41        something like that.
    42
    43   MR. JUSTICE BELL:  That is a fairly regular situation, that.
    44
    45   MS. STEEL:  To be honest, I cannot remember where I read that.
    46        I was just asking about investigations that the Company
    47        made -----
    48
    49   MR. JUSTICE BELL:  I appreciate that, but the answer was that
    50        Mrs. Barnes could not remember. 
    51 
    52   MS. STEEL:  If the Company does get a summons, does it 
    53        investigate the matter before it goes to court, or does it
    54        just wait to see what the outcome is before it carries out
    55        any investigations?
    56        A.  Well, now there is a formal accident investigation
    57        procedure in place, we would have all the information
    58        anyway gathered at the time of the accident.
    59
    60   Q.   But this was prior to that time?

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