Day 153 - 12 Jul 95 - Page 17

     
     1   Q.   Simon was a very good Floor Manager?
     2        A.  Yes.
     3
     4   Q.   That paragraphs 1 to 4 of your statement "are to my
     5        knowledge broadly correct", you agree with that?
     6        A.  Yes.
     7
     8   Q.   I have to ask you because otherwise -----
     9        A.  Certainly, yes.
    10
    11   MR. RAMPTON:  No, my Lord, he does not actually have to ask.
    12
    13   MR. JUSTICE BELL:  Yes, he can if he wishes to.
    14
    15   MR. RAMPTON:  He can if he wishes to but he does not have to.
    16
    17   MR. MORRIS:   No, but I choose to.  (To the witness):  In point
    18        21, similarly:  "What Simon says about operational targets
    19        is broadly correct", do you agree with that statement?
    20        A.  Broadly, yes.
    21
    22   Q.   Then you make some comments about the allegation about
    23        watering down food and stuff like that, which has been
    24        canvassed.
    25
    26   MR. RAMPTON:  My Lord, this is one area, if I may, at this stage
    27         -- normally speaking, as your Lordship knows, I am not
    28        going to make a fuss if the Defendants do not put something
    29        specific -- it is not good enough to say "it was something
    30        about watering down which has been canvassed".
    31
    32   MR. JUSTICE BELL:  It was some comment -- in fact, you deny the
    33        allegations about watering down?
    34        A.  Certainly, sir, yes.
    35
    36   MR. RAMPTON:  My Lord, what I was going to say was, if this is
    37        to remain a part of the Defendants' case, so serious is it
    38        that the whole, in my submission, of that paragraph, the
    39        penultimate paragraph, on page 2 of Mr. Gibney's statement
    40        should be put in detail to Mr. Davis so that he can deal
         with it.  It is a very, very  -----
    42
    43   MR. JUSTICE BELL:  You should do that because it is an
    44        allegation about outright dishonesty.
    45
    46   MR. MORRIS:   He has already dealt with it.  He has denied it.
    47        If I was to ask him again he will say, no, it did not
    48        happen.
    49
    50   MR. JUSTICE BELL:  I would like you to do it anyway.  It is not 
    51        just a matter of form.  Where an allegation of outright 
    52        fraud and dishonesty is made, it is best clearly put in 
    53        cross-examination.
    54
    55   MR. MORRIS:   Yes.
    56
    57   MR. JUSTICE BELL:  If you want to collect yourself about it, we
    58        will have a five minute break now, but now we have reached
    59        it I think should you take it head on.
    60