Day 153 - 12 Jul 95 - Page 69


     
     1        they have the spatula underneath picking up the buns and it
     2        falls on their arm and burns?
     3        A.  Not easily.  Even if it slipped out of their hands, it
     4        would fall down on top of the platen.  For it to
     5        actually----
     6
     7   Q.   Which is where they have their hand with the spatula?
     8        A.  No.  The spatula's handle is outside the jurisdiction
     9        of the platen if it fell straight down.  For it to actually
    10        fall on the crew member, they would have to pull it towards
    11        them some considerable -- well, at least more than half the
    12        length of the platen and then let go.  It is theoretically
    13        possible to happen, but it would be very difficult for the
    14        crew member to actually pull it on to themselves.
    15
    16   Q.   This is on top of a mobile unit, is it not?
    17        A.  It is on top of a -- the toaster would be on top of a
    18        lower rater (as we call it), which has wheels on it which
    19        are fixed.  It has castor wheels on it, but there is a clip
    20        on it which fixes it, so it is stable.
    21
    22   Q.   But it could easily be jogged?
    23        A.  Not easily, no.  Even if it was, sort of, pushed it, it
    24        would not move; you would have to undo the castors at the
    25        bottom.
    26
    27   Q.   In the accident book on 23rd November 1985 it is actually
    28        recorded that the top of the toaster platen fell on
    29        Mr. Alimi's arm and he suffered a burn to his left arm, but
    30        you were not aware of that, you say?
    31        A.  I cannot remember it happening.  Obviously, it did
    32        happen if it was put in the accident book.
    33
    34   MR. MORRIS:   There are no more questions we want to ask
    35        tonight.
    36
    37   MR. JUSTICE BELL:  I think do not ask any more tonight because
    38        we will resume in the morning.  We will resume at 10.30 in
    39        the morning, Mr. Davis.  You need not stay there.
    40        (The witness withdrew).
    41
    42   MR. RAMPTON:  I had thought yesterday that we had now a fairly
    43        certain schedule; that is to say, that Mr. Davis will
    44        probably finish tomorrow and then on Friday we would be
    45        calling Mr. Giardina, who would continue on Monday and, if
    46        necessary, go into Tuesday, but then we would do
    47        interlocutories on Tuesday.  Then on Wednesday some time I
    48        would call Mrs. Farrer.
    49
    50        I have now been given the latest Mclibel Support Campaign 
    51        press release which has today's date on it, which tells me 
    52        that on Friday the Defendants intend to make some kind of 
    53        application or interlocutory challenge to our decision to
    54        withdraw their facility to disseminate false information
    55        about the trial.
    56
    57   MR. JUSTICE BELL:  Yes, that was mentioned on Monday.
    58
    59   MR. RAMPTON:  My Lord, I do not know what I am supposed to do.
    60        Am I supposed to prepare for some challenge?

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