Day 166 - 28 Sep 95 - Page 53
1 work you have got people working there. He was hired to
2 work in the mornings on breakfast, OK. I said that point
3 earlier. When he arrives at work there are people in the
4 restaurant. They are called night closers. They came in
5 at 11 o'clock or midnight, whatever the set-up was for the
6 store when it closed, and they worked through.
7
8 MR. MORRIS: Presumably, some of them were still there when he
9 left at ----
10 A. There would have been various members there, yes, at
11 least five -- four/five. There was a couple of people that
12 went night closer, if you like, that were crew at one point
13 for a short period of time at their request.
14
15 Q. So, when Mr. Magill would leave, you say around 2 o'clock?
16 A. Yes.
17
18 Q. Although he says 4 o'clock -- it does not matter -- some of
19 the people who had done the night close would still be
20 there and that is what made him think there were 24 ----
21 A. No, no, no. When he came into work at 7 o'clock in the
22 morning -- say he came in at quarter to 7 to get ready for
23 work, he would see people there.
24
25 MR. MORRIS: Of course.
26
27 MR. JUSTICE BELL: How could that give him the impression that
28 they had worked for 24 hours solid?
29 A. The one reference to a lad called Joe, there was one of
30 the lads -- there were two that I remember went night
31 closer for a period of time. One was a chap called Goran
32 and one was a chap called Joe.
33
34 Q. I appreciate that, but he goes off at -- for this purpose
35 it does not matter whether it is 2 o'clock or 4 o'clock in
36 the afternoon?
37 A. Yes. So somebody that he has been used to working with
38 on a breakfast shift or a mid shift, maybe in one of the
39 months, was there very early in the morning having worked
40 as a night closer.
41
42 MR. MORRIS: So really it was rather -- what you are saying is,
43 rather than 24 hours he probably means it was a double
44 shift?
45 A. No, both the two people I referred to ----
46
47 MR. RAMPTON: No ----
48
49 MR. MORRIS: The witness answered the question ----
50
51 MR. JUSTICE BELL: The picture I have is this: What you are
52 saying, as I now understand it, is that Nick has, for a
53 period of time, seen a Joe working during the day because
54 he is not just a night closer he works day shifts from time
55 to time as well; he sees him working during the day for a
56 number of days or weeks or whatever. One morning he turns
57 up at quarter to 7 and Joe is there. So he assumes,
58 wrongly you say, that Joe has not only worked the night
59 shift but he has done it on top of the day shift which he
60 has been working.
