Day 194 - 01 Dec 95 - Page 08
1 acted on as he thought appropriate?" He said: "Yes." Then
2 he was asked to give some examples of staff grievances, and
3 he mentioned something about hours, and something else.
4 I will not be allowed to put that to our witness, that,
5 "Were grievances attended to and acted on"?
6
7 MR. JUSTICE BELL: I am saying you will not with regard to
8 Mr. Sutcliffe, because, quite frankly, I think it would
9 lead to further evidence, and you must give some proper
10 notice of that.
11
12 MS. STEEL: We were not given notice of that when
13 Mr. Sexton -----
14
15 MR. JUSTICE BELL: Carry on with Mr. Sutcliffe on the basis of
16 the ruling which I have just made. If you want to come
17 back to it in relation to any other witness, raise it. But
18 do take advantage of the opportunities you do have to speak
19 to people.
20
21 I feel particularly strongly about Mr. Sutcliffe, because
22 on day 135, which is 15th June, at page 9, starting at
23 line 11, I said: "This is advice only and it is entirely a
24 matter for you. While Mr. Sutcliffe is here, when we
25 adjourn, which I would expect will be pretty early
26 today" -- and we did have an early day -- "I would take
27 advantage of his presence to ask him anything more you want
28 to ask him about the case. In other words, if he is kind
29 enough to stay, do not let him go without taking that
30 opportunity while all three of you are outside of court
31 today."
32
33 Then I went on to say: "For the time being let us get on
34 with Mr. Sexton's evidence", which we did. If you face
35 any particular practical problem with a witness, for
36 instance, someone who is coming from abroad and you have
37 not had prior contact with, you can raise it with me, but
38 there is absolutely no reason why you should not fully have
39 proofed Mr. Sutcliffe about anything in Mr. Sexton's
40 evidence or in Mr. Nicholson's evidence and given full and
41 proper notice of it to Barlow Lyde & Gilbert.
42
43 Anyway, go through the statement, Mr. Morris, and ask
44 Mr. Sutcliffe whether it remains his evidence. If it does,
45 his statement will be part of his evidence, and you may ask
46 him about the matters which I have given leave in respect
47 of.
48
49 MR. MORRIS: Yes. (To the witness): Mr. Sutcliffe, I will read
50 out your statement and ask you questions about the union
51 matter.
52
53 "I normally took the early morning deliveries. These came
54 at around 8 a.m. and were of frozen food or dried goods
55 (cups, straws, etcetera) on alternate days. We were always
56 being told to hurry up with getting the stock into the
57 store and getting it put away. Because of the pressure, we
58 would carry more and more box loads at a time.
59
60 "One day, I was carrying five boxes of frozen chips at once
