Day 198 - 08 Dec 95 - Page 27


     
     1        may have known a few days before that the allegation was
     2        going to be made, they are certainly unlikely to have known
     3        it in July; at any rate, it was not put.
     4
     5        That means, in our respectful submission, that Mr. Davis,
     6        perhaps, ought to be recalled.  There are other reasons why
     7        perhaps, but for there reason alone, that he ought to deal
     8        with that allegation, that serious allegation, both for the
     9        time that he was Manager and for the time that he was
    10        Supervisor.
    11
    12        Mr. Harney can also give evidence about the time when he
    13        worked under Mr. Davis' Managership about this question of
    14        docking hours.  Today Mr. Coton said that Mr. Skehel had
    15        told him that he, Mr. Skehel, had also done it when he was
    16        a Manager.  My Lord, there are other reasons why Mr. Skehel
    17        might be called anyway.
    18
    19        My Lord, then I go on from that to Mr. Davis as Supervisor.
    20          Of course, when I say "call Mr. Davis to deal with
    21        docking hours when he was Manager", I do not intend and it
    22        would be wrong, to ask him anything else about his time as
    23        Manager because he dealt with all of that when he gave
    24        evidence first time round, only the docking hours when he
    25        was Manager.
    26
    27        My Lord, then I go on to Davis as Supervisor which, thanks
    28        to Mr. Coton, is all new territory.  Again, the allegation
    29        made against Mr. Davis as Supervisor, complicity in these
    30        practices, amongst other things, and, in particular, the
    31        document of ours.  That is all new and he should be allowed
    32        to deal with that.
    33
    34        Your Lordship might think that it was also useful, if
    35        Mr. Harney is going to come anyway, that he can deal with
    36        this question of pressure and what it may lead to because
    37        he was Manager -----
    38
    39   MR. JUSTICE BELL:  Can I understand?  Are you suggesting that
    40        Mr. Stanton be recalled on matters other than docking?
    41
    42   MR. RAMPTON:  I would not suggest recalling Mr. Stanton at all.
    43
    44   MR. JUSTICE BELL:  You are not?
    45
    46   MR. RAMPTON:  No, I do not see a need for that.  He has given
    47        evidence about the McDonald's Freedom Fighters, so far as
    48        he was able -- in fact, he could not because it was the
    49        wrong time -- and about the other matters that were raised
    50        by Mr. Gibney, because we had Mr. Gibney's statement when 
    51        Mr. Stanton was giving evidence. 
    52 
    53   MR. JUSTICE BELL:  I think it would be useful, helpful, to me,
    54        although it will slow matters down a bit, if I just get out
    55        XB and in those statements see what it is which you would
    56        wish to call evidence on.  Mr. Harney is 34A.
    57
    58   MR. RAMPTON:  Yes.  My Lord, he would be able to deal with the
    59        question whether, so far as he was aware -- how a document
    60        went on when he was working for Mr. Davis which was from

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