Day 203 - 12 Jan 96 - Page 07
1 Colchester, matters which can quite clearly and should have
2 been pleaded so that we had sufficient notice of it. It
3 cannot be said that this cross-examination goes to credit.
4 It can only go to an issue in the case. It has not been
5 pleaded. We have not been served with a witness statement;
6 and I would respectfully enquire why not. If this
7 is ------
8
9 MR. JUSTICE BELL: What are you introducing this for?
10
11 MR. MORRIS: I might as well put my cards on the table. I think
12 the witness is lying from beginning to the end in his
13 statement, and everything I am asking him is going to
14 credit.
15
16 MR. JUSTICE BELL: I do not accept that. I think you are trying
17 to get in -----
18
19 MR. MORRIS: I intend to demonstrate that his attitude -- sorry,
20 with respect -- to other people, apart from Ray Coton, is
21 inconsistent with the way his attitude to Ray Coton is and
22 the way he acted at the time. It is clear that he had a
23 personal vendetta against Ray Coton, and other people doing
24 other things never got disciplined or criticised in the
25 same way.
26
27 MR. JUSTICE BELL: I do not accept that. I think you are trying
28 to get accidents in by the back door, and having
29 given -----
30
31 MR. MORRIS: No, I am not.
32
33 MR. JUSTICE BELL: Well, I am ruling against you, because that
34 is my view, as the independent judge in the matter.
35
36 MS. STEEL: Can I just ask what the position is? When the
37 Plaintiffs asked for leave to serve further witness
38 statements, we did object to them bringing in what was
39 going on at other stores, and leave was granted for that to
40 be given in evidence, despite the fact that our witnesses
41 had previously not been allowed to give evidence about what
42 was going on at other stores.
43
44 MR. JUSTICE BELL: I said that it might put a different
45 complexion on the position with regard to Ipswich, and that
46 you could recall Mr. Gibney, if you wanted to, with regard
47 to anything there. But we need proper notice of what you
48 wish to allege with regard to Ipswich, whether by
49 statements or an application for leave to amend, and then
50 I can consider it. If it involves evidence of accidents,
51 which you say are relevant to health and safety, I can
52 consider the matter and whether to give you leave to amend
53 or allow you to call the extra witness.
54
55 MS. STEEL: Mr. Morris has said that he is not trying to sneak
56 things in through the back door.
57
58 MR. JUSTICE BELL: I have not accepted it, I am afraid.
59 Mr. Morris ------
60
