Day 259 - 10 Jun 96 - Page 48
1
2 MR. MORRIS: I am challenging it. I mean, the thing is the way
3 to challenge it, because it is hearsay evidence and it is
4 no proof of the fact, he may not even have been happy about
5 it, he may have just -----
6
7 MR. JUSTICE BELL: Have you tried to trace Mr. Mills?
8
9 MS. STEEL: It is not our job. If the Plaintiffs want to rely
10 on what he is saying, it is their job to call him.
11
12 MR. JUSTICE BELL: One way would be to try and trace Mr. Mills
13 and found out if what Mrs. Pearce has said is true. We
14 really cannot have testing evidence. I want to know what
15 you challenge here. If you are suggesting that Mrs. Pearce
16 has not told me the truth about something, put it to her,
17 not what conclusion I draw from the evidence. I will put
18 her evidence together with the mass of other evidence
19 I have heard on this topic and see what I make of it.
20
21 MR. MORRIS: Her memory seems to be shaky on a number of things,
22 so testing her memory is one thing, where she seems to
23 remember this so clearly.
24
25 MR. JUSTICE BELL: Unless you challenge something in her
26 evidence, I am going to stop you, because I do not know
27 what you dispute and what you do not dispute, and you have
28 been cross-examining for something like half an hour.
29
30 MR. MORRIS: I dispute that this is what he said.
31 I dispute -----
32
33 MR. JUSTICE BELL: Please put it to the witness. Put your
34 challenge to the witness.
35
36 MS. STEEL: You cannot remember what the witness said -- sorry,
37 you cannot remember what Mr. Mills said exactly?
38 A. Yes, I can remember what he said.
39
40 Q. Exactly?
41 A. Can you remember what somebody said to you exactly ten
42 years ago?
43
44 Q. I am asking you a question.
45 A. I am answering it.
46
47 MR. JUSTICE BELL: She has already said this morning that she
48 cannot -----
49
50 THE WITNESS: I can remember perfectly well that he was always
51 very happy with what he found within my department.
52
53 MS. STEEL: You cannot -----
54 A. Very happy.
55
56 Q. You said you cannot remember what he said to you?
57 A. He was happy that we were paying in accordance with the
58 Wages Council, as it was laid out then. We were paying
59 over, if not the minimum.
60
