Day 203 - 12 Jan 96 - Page 13
1
2 MR. JUSTICE BELL: No. I have ruled against you on that. It
3 does not matter whether it is practical to deal with it.
4 It has to have a part in the case; it has to have a
5 relevant part, and it has to be brought in according to our
6 proper procedures.
7
8 Please cross-examine Mr. Skehel. He is a potentially
9 important witness so far as Colchester matters are
10 concerned. It is important that you challenge him, and
11 I have invited you to challenge him as to the substance of
12 his evidence and test the substance of his evidence on
13 matters which matter.
14
15 If I can help you, it seems to me that Mr. Skehel is an
16 important witness, because one inference from his evidence
17 (if I were to accept it at the end of the day) might be
18 that Mr. Coton was just a really bad Manager, not through
19 intent but through inherent lack of ability; that this was
20 overlooked to some extent by Mark Davis who had brought
21 Ray Coton up, as it were, but it was not overlooked by
22 Mr. Skehel, who came in as a cold blast of wind in
23 February 1991.
24
25 You, on the other hand, say: No, Ray Coton only acted as
26 he did because of pressures of the McDonald's system and
27 because he had been taught to act that way by Mark Davis,
28 who criticised him but certainly thought he was fit to
29 carry on as Manager. That is the real issue I have to get
30 to grips with: at the end of the day, which avenue is my
31 every day judgment is going to take me down? That is what
32 I need your help on with cross-examination; not sewage
33 coming through the ceiling.
34
35 MR. MORRIS: The credibility of the witness goes to the motive
36 for making his comments that he is making. So it is
37 important to attack the credibility of the witness who
38 I believe -----
39
40 MR. JUSTICE BELL: It may be, but attack it in relation to what
41 happened in 1991 in Colchester. You must observe my
42 ruling. No more hygiene or health and safety incidents,
43 please. I do not accept that they are being put as
44 cross-examination as to credibility of the witness. You
45 must observe that.
46
47 MR. MORRIS: (To the witness): One general question before
48 I move on, then, Mr. Skehel. Would it be bad management by
49 a Supervisor or a Store Manager or Manager in charge of a
50 store to leave a store open when there was sewage falling
51 into the kitchen area?
52 A. Falling into the kitchen area?
53
54 Q. Or dripping into the kitchen area. Would that be a case of
55 bad management, in your view?
56 A. If there was clearly sewage dripping into the kitchen
57 area, then I would suggest that the store would need to be
58 considered to be closed at some stage. But it would depend
59 on the exact -- what do you mean? You will have to
60 describe it in exact detail to me, because you would look
