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 ---

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