Day 086 - 09 Feb 95 - Page 08

     
     1   MR. MORRIS:  I only know what is in the statement.  I took the
     2        statement myself from Mr. Chapman, but I do not know any
     3        more than that.
     4
     5   MR. JUSTICE BELL:  It is a matter for you, but as an
     6        illustration of the hypothetical factual basis which you
     7        might put, it might be something like this, that if the
     8        facts or part of the facts were that there was no first aid
     9        person on duty at the time ---
    10
    11   MR. MORRIS:  Would that concern him, that kind of thing?
    12
    13   MR. JUSTICE BELL:  Just say "if" ---
    14
    15   MR. MORRIS:  Yes, I understand.
    16
    17   MR. JUSTICE BELL:  -- if these things, that there was no first
    18        aid box on duty at the time ---
    19
    20   MR. MORRIS:  Yes, I understand.
    21
    22   MR. JUSTICE BELL:  -- that an important handle which had an
    23        insulated cover was missing, that the layout was so that
    24        the lead to a miss-wired plug socket trailed across the
    25        floor  ---
    26
    27   MR. MORRIS:  I understand.
    28
    29   MR. JUSTICE BELL:  -- that the system and layout involved water
    30        regularly ending up all over the floor, that he was
    31        instructed to wear leather soled shoes rather than the
    32        rubber ones which he normally wore, and that the practice
    33        was for any available crew member to do small jobs,
    34        including electrical jobs, and no-one had ever told them
    35        not to, then put your question, do you see?
    36
    37   MR. MORRIS:  Yes.
    38
    39   MR. JUSTICE BELL:  I mean, there may be other matters as well.
    40
    MR. MORRIS:  Yes.  I might deal with each one separately because
    42        I want to know whether, having no first aid person, if it
    43        is true, is something which -----
    44
    45   MR. JUSTICE BELL:  You can say:  "Should there normally be a
    46        first aid person on duty?"
    47
    48   MR. MORRIS:  Yes, I understand the principle.
    49
    50   MR. JUSTICE BELL:  Anyway, I suggest you take that step rather 
    51        than putting a witness statement in front of him, otherwise 
    52        he will end up looking at the rest and you are just asking 
    53        questions about responsibility in relation to him.
    54
    55   MR. MORRIS:  Right.
    56
    57   MR. JUSTICE BELL:  Just put it -- that is the proper way to put
    58        it.  Putting the statement can in certain circumstances be
    59        a valuable aid to it, but I think it focuses everyone and
    60        helps everyone if you just pick out from the statement what