Day 170 - 05 Oct 95 - Page 09


     
     1        A.  Yes.
     2
     3   Q.   You said, as far as you were aware, she had been receiving
     4        her pay for her scheduled hours?
     5        A.  Yes.
     6
     7   Q.   Do you now know that she did not get her pay for those
     8        scheduled hours?
     9        A.  No, I do not.
    10
    11   Q.   Nobody has told you?
    12        A.  No.
    13
    14   Q.   You have not made any enquiries?
    15        A.  No, well, I assumed that at the time it was taken out
    16        of my hands.
    17
    18   Q.   Yes, but when you wrote your statement about this very
    19        specific incident and the dispute about pay, did you make
    20        enquiries or did the -----
    21        A.  At the time Melanie was getting paid, but when she
    22        phoned up and said that she was not getting paid it was
    23        taken out of my hands.
    24
    25   Q.   But I am talking about when you wrote your statement.
    26
    27   MR. RAMPTON:  My Lord, I do not believe that these are proper
    28        questions.  Why should this witness make enquiries as to
    29        matters about which she cannot give admissible evidence?
    30
    31   MR. JUSTICE BELL:  What I suggest is if there is something in
    32        the statement, Mr. Morris, which is inconsistent with the
    33        answer, by all means put it, or which you think helps your
    34        line of questioning.  Let Mrs. Norris look at it and then
    35        you can question her about it.
    36
    37   MR. MORRIS:  You were never informed by the Company?  Is it the
    38        case that she was not, in fact, getting paid for the hours
    39        that you had exercised your discretion that she should be
    40        paid for?  Nobody ever told you that, despite the number of
    41        disputes and phone calls?
    42        A.  I cannot, I really cannot say.  I cannot say "yes" or
    43        "no" because I assumed that Melanie was getting paid.
    44
    45   Q.   Nobody told you to the contrary?
    46        A.  No.
    47
    48   Q.   So they kept you in the dark?
    49
    50   MR. JUSTICE BELL:  You see, all this assumes that she was not, 
    51        and I have to wait and see what the evidence is about on 
    52        that.  You cannot question the witness on the basis that 
    53        the fact is inconsistent with her state of knowledge when
    54        she does not know what the fact is.
    55
    56   MR. MORRIS:  Right.  (To the witness):  So you have no evidence
    57        at all that she got paid?
    58        A.  No.
    59
    60   Q.   At the time of the accident it was a summer period, was it

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