Day 155 - 14 Jul 95 - Page 46
1 people that might have been there, but you cannot, you
2 know, you cannot accuse them because there are so many
3 people on the premises maybe at any one time.
4
5 Q. Because you cannot remember Dave Magee specifically, it is
6 actually possible that one of those complaints from crew
7 members to you or to your management about a break in of a
8 locker could have been from Mr. Magee?
9 A. It could have been; I do not remember.
10
11 Q. In his statement he does not say that he said to anybody
12 that it was union leaflets that were stolen from his
13 locker. He just said that his locker had been broken into
14 which happened from time to time at your store, as you have
15 said. I am not saying it happened all the time but it
16 happened from time to time.
17
18 MR. JUSTICE BELL: Well, yes.
19
20 MR. MORRIS: I thought that was a highly significant series of
21 questions but ------
22
23 MR. JUSTICE BELL: No, I was not sure you got it exactly
24 accurate, but I do not think the inaccuracy actually
25 matters. That is what I was checking against Mr. Magee's
26 statement.
27
28 MR. RAMPTON: My Lord, I am afraid that Mr. Morris has to go a
29 wee bit further than he has deigned to go so far because,
30 looking at Mr. Magee's statement overall, the allegation is
31 that when Mr. Magee put it to Mr. Giardina, Mr. Giardina
32 actually admitted having taken the lock off Mr. Magee's
33 locker, if one looks at page 5.
34
35 MR. JUSTICE BELL: Yes, I am waiting to hear -----
36
37 MR. RAMPTON: I am waiting too.
38
39 MR. JUSTICE BELL: Can we just, because we touched on it
40 yesterday -----
41
42 MR. MORRIS: I am not saying he agrees with every word that is
43 in there. I am just saying that -----
44
45 MR. JUSTICE BELL: No, you do not have to put every word that is
46 in there. Particularly, if the witness concerned is going
47 to be a Civil Evidence Act witness, it is probably
48 completely otiose to put even quite a lot of the detail,
49 because one thing which you know I have been concerned
50 about in the past, namely, there might be more detail which
51 will come out, is not going to happen if it is a Civil
52 Evidence Act statement because that is going to be the
53 evidence on your side. The important thing is to put what
54 might be the most serious part of the allegation so far as
55 the witness in the witness box is concerned. If you just
56 have page 5 in front of you ---
57
58 MR. MORRIS: Yes.
59
60 MR. JUSTICE BELL: -- if you count up 11 lines ---
