Day 152 - 11 Jul 95 - Page 69


     
     1        we will actually, if it is not clear on the transcript or
     2        from your Lordship's note, then we will find out what the
     3        reality is and we will prove it, if we have to.
     4
     5   MR. JUSTICE BELL:  The point which occurs to me is two:  First
     6        of all, if I have made an erroneous note on a document
     7        I would like to correct it; secondly, if we wait until
     8        final speeches, and then it turns out that there is some
     9        doubt about the evidence, it will be too late to call a
    10        witness into the witness box to give any further evidence
    11        on it.
    12
    13   MR. MORRIS:  My understanding of the situation, from memory, is
    14        that it was assumed it was over a three month period by the
    15        witness that originally brought it in, and I think another
    16        witness contradicted that or gave a more detailed opinion
    17        on it.  I think, therefore, referring to one reference in
    18        the transcript may favour the Plaintiffs, or whatever,
    19        would not necessarily be ----
    20
    21   MR. JUSTICE BELL:  Then we must find the references you have in
    22        mind, because -- well, all I will say is I think it is
    23        important to be clear what the evidence is in time to have
    24        further evidence if it is important to either side.
    25
    26   MR. RAMPTON:  My Lord, I would like at the end of the day to say
    27        a few words about scheduling, if that is all right.
    28
    29   MR. JUSTICE BELL:  We will have a quarter hour break now.  We
    30        will aim to finish the evidence for the day at about
    31        four o'clock.  Then you will have further time to talk to
    32        Mr. Alemi tonight, and we can talk a bit about scheduling
    33        as well.  25 past three by that clock.
    34
    35                       (Short Adjournment).
    36
    37   MR. JUSTICE BELL:  In case it helps, Mrs. Mead dealt with
    38        document E on day 133, which is 12th June, from page 20
    39        onwards, and she returned to it in cross-examination on day
    40        134, which is 13th June, from page 20 onwards.  I think it
    41        is pretty clear, if one looks at those parts of the
    42        transcript, working for some reason on the basis that
    43        percentage figures were just for the week before the
    44        quarter day, she made a reference to the payroll week which
    45        might deserve checking since we know payrolls were done on
    46        a fortnightly basis.
    47
    48        When I was asking her some questions, a particular question
    49        on day 134, page 23, from lines 45 to 48 -- I think this is
    50        in relation to the percentage you work no hours -- I said, 
    51        "That is just the week before the quarter date, is it 
    52        not?"  She said, "Yes, it is".  At the top of the following 
    53        page, that is page 24, lines 1 to 4, Mr. Morris asking
    54        about another percentage, one of the larger percentages for
    55        longer hours, referred to that being a percentage in that
    56        quarter and Mrs. Mead said, "Yes, in that week before the
    57        end of the quarter."
    58
    59        It may very well be that elsewhere, in either her evidence
    60        or the evidence of another witness, evidence has been given

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