Day 134 - 13 Jun 95 - Page 60


     
     1        over-ruled on appeal in the Crown Court.
     2
     3        Mr. Nicholson has dealt with it.  It is in one of his
     4        affidavits.  I think it is in his second supplementary
     5        statement as well.  My Lord, it is in paragraph 13 of his
     6        second statement.  I know that.
     7
     8   MR. MORRIS:  Maybe if I ask about that then?  Mr. Nicholson has
     9        said that the Company was prosecuted at Gravesham
    10        Magistrates Court and fined -- I have the original court
    11        documents here fined -- £500.
    12
    13   MR. JUSTICE BELL:  Why do you not ask anything about a Bolton
    14        Magistrates Court conviction or a Gravesham Crown Court
    15        appeal?
    16
    17   MR. MORRIS:  Yes.  (To the witness):  I am particularly
    18        concerned about the Gravesham one, Gravesend one.  Do you
    19        know the circumstances of that case?  This was in November
    20        1991 -- October 1991 was the conviction at Gravesend in
    21        Kent.  Do you know the circumstances of that?
    22        A.  No, I do not believe so.  I mean, it may be if you tell
    23        me I might, but I certainly did not deal with it directly.
    24
    25   Q.   The court documents do not give the details.  It just
    26        says:  "Contrary to section 33/1/A of the Health and Safety
    27        at Work Act" etc. -- no, Health and Safety at Work Act
    28        1974, failing to maintain the said place of work in a
    29        condition that was safe and without risk to health of
    30        employees".  That was appealed.  Does that recall -----
    31        A.  No, I would not have dealt with something like that.
    32
    33   Q.   Do you know anything about the Bolton case?  I cannot
    34        remember myself.
    35        A.  No, it would not be.  It is outside my area.
    36
    37   Q.   OK.  Mr. Rampton says "acquittal" -----
    38
    39   MR. JUSTICE BELL:  It does not matter.  I am not interested in
    40        the argument if the witness does not know about anything
    41        about it at this stage.
    42
    43   MS. STEEL:   The records about why people leave the Company,
    44        document C in the latest -----
    45
    46   MR. JUSTICE BELL:  The codes and then the tabulation of
    47        percentages and numbers ---
    48        A.  Oh, yes.
    49
    50   Q.   -- leaving for various reasons. 
    51        A.  Yes. 
    52 
    53   Q.   Leavers by termination code.
    54
    55   MS. STEEL:   These are for 1994, is that right -- 1993, sorry?
    56        A.  The table?
    57
    58   Q.   The table, yes.
    59        A.  No, it is the April to December 1992 period.
    60

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