Day 120 - 03 May 95 - Page 63


     
     1
     2   MR. MORRIS:  Sorry, when you were asked to enquire into this
     3        when, sorry?
     4        A.  After this had become one of the pleadings.
     5
     6   Q.   So you enquired into this and what did you find?
     7        A.  I was advised that that was incorrect.
     8
     9   Q.   Yes, what did you find?
    10        A.  He was an unsatisfactory recruit.  He just simply did
    11        not have his position approved at the end of his
    12        probationary period.
    13
    14   Q.   For what reason?
    15        A.  I do not know.  That was what I was advised, he was
    16        just an unsatisfactory worker.
    17
    18   Q.   But you did not look into that?
    19        A.  No, no further than that.
    20
    21   Q.   You just believed what somebody told you?
    22        A.  Of course.
    23
    24   Q.   If Jeffrey Shaw had told you something different, then you
    25        would choose to believe someone -----
    26
    27   MR. JUSTICE BELL:  I am going to stop you there because what you
    28        are perfectly entitled to do provided you have pleaded
    29        something, for better or worse this pleading is there so
    30        you are entitled, as the Court of Appeal said, to see if
    31        you can get something to support it by cross-examination.
    32        Once you have an answer from the witness who is in the
    33        witness box who is not supporting it, then you have gone as
    34        far as you can on that.
    35
    36   MR. MORRIS:  Yes.
    37
    38   MR. JUSTICE BELL:  You will either get an answer which does give
    39        you some ammunition, or you will get a "no", which is what
    40        you are getting now, and then you have gone as far as you
    41        justifiably can.
    42
    43   MR. MORRIS:  Can I just have a couple of minutes?
    44
    45   MR. JUSTICE BELL:  Yes.  (Pause).
    46
    47   MR. MORRIS:  To be honest, if it was possible we would like to
    48        end early today, bearing in mind that we are absolutely
    49        certain we would be finished by Friday.
    50 
    51   MR. JUSTICE BELL:  If you can assure me that you will finish 
    52        your cross-examination of Mr. Nicholson on employment this 
    53        week, subject to anything Mr. Rampton wants to say, I do
    54        not mind adjourning early today.  It will give you a little
    55        bit of extra time for tomorrow.
    56
    57   MR. MORRIS:  Yes, we can give that assurance.
    58
    59   MR. JUSTICE BELL:  Is there anything you want to say,
    60        Mr. Rampton?

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