Day 122 - 05 May 95 - Page 13

     
     1   MR. RAMPTON:  What I call "the first version of the statement",
     2        the longer one, which is longer than the one that is in the
     3        trial bundles, was, in fact, taken by Mrs. Brinley-Codd
     4        well in advance of June 1993.  Mr. Nicholson was,
     5        obviously, going to be an important witness.  That
     6        statement was taken in the early part of 1993, I think.
     7        Then, says Mrs. Brinley-Codd, it was sent to counsel;
     8        whether that was me or my predecessor, Mr. Shields,
     9        I cannot remember and nor can she.
    10
    11        The advice that came back was that certain parts of it were
    12        inappropriate.  That is to say, for example, the business
    13        about the company flat, because the case is not about the
    14        benefits conferred on executives and managers but about
    15        crew members; also the hearsay section about the Hopkins
    16        electrocution.  I am told the advice was:  "No, you should
    17        go to somebody who has direct knowledge about that, and
    18        take a statement from that person".  That was then done.
    19        That was, of course, Mrs. Barnes, and Mr. Nicholson's
    20        statement was amended.  This is again still before
         signature.
    22
    23        Exchange of witness statements was approaching at the
    24        time.  Although eventually, at the Defendants' urging, it
    25        took place at the end of July, at that time it was due for
    26        an early date, I think probably the end of May, or the
    27        beginning of June.
    28
    29        Those statements were faxed to Mr. Nicholson.  The order
    30        had been at that time that the witness statements should be
    31        exchanged on 7th June.
    32
    33   MR. JUSTICE BELL:  Yes.  I remember there were interlocutory ---
    34
    35   MR. RAMPTON:  1993, I mean.
    36
    37   MR. JUSTICE BELL:  -- interlocutory hearings.
    38
    39   MR. RAMPTON:  There was that order.  At that stage the
    40        Defendants got an extension, maybe from Mr. Justice Drake,
         or Sir Michael Davies, I do not know.  That came much
    42        later.  The drafts were then faxed to Mr. Nicholson,
    43        Mrs. Barnes and all the other witnesses for 7th June.
    44        Mrs. Brinley-Codd's secretary faxed what I call version
    45        No. 1 to Mr. Nicholson in the state for the amended draft,
    46        which is No. 2.
    47
    48        When Mr. Nicholson had signed and returned that, it was
    49        realised that the wrong one had been sent to him.  He was
    50        then sent the amended version, No. 2.  Mrs. Brinley-Codd is 
    51        not absolutely sure, but she thinks it was the same day, 
    52        and he then signed that one as well. 
    53
    54        So there were now two signed versions.  On exchange at the
    55        end of July, in error, Barlow Lyde and Gilbert -- not
    56        Mrs. Brinley-Codd, but somebody for whom she naturally
    57        takes responsibility -- served the wrong one.  They served
    58        version No. 1.
    59
    60        That is as far as I can go at the moment, save to say