Day 086 - 09 Feb 95 - Page 09

     
     1        you suggest are the important facts to your submission.
     2        Take a moment now, if you would like, as you are doing, to
     3        highlight them.
     4
     5   MR. MORRIS:  I will identify the relevant -----
     6
     7   MR. JUSTICE BELL:  I do not think the second page really has
     8        matters, does it, which -----
     9
    10   MR. MORRIS:  Maybe one.  Yes, OK.
    11
    12   MR. JUSTICE BELL:  What I would suggest the area of this witness
    13        is, because he has not only reached the position of some
    14        responsibility but he has been through a lot of
    15        positions ---
    16
    17   MR. MORRIS:  Yes.
    18
    19   MR. JUSTICE BELL:  -- what I would suggest you are looking for
    20        is that if any of the situations you put to him were so,
         they would show an unsatisfactory state of affairs which
    22        involves a risk to the safety of the employees.  Anyway,
    23        you have the point?
    24
    25   MR. MORRIS:  Yes.
    26
    27   MR. JUSTICE BELL:  So shall we have Mr. Atherton back?
    28
    29                  (The witness returned into court)
    30
    31   MR. JUSTICE BELL:  Mr. Morris is going to put to you, among
    32        other matters, a series of hypotheses which you will put
    33        yourself in the position as if they were true for the
    34        purposes of answering his questions.  Whether at the end of
    35        the day they turn out to be accurate, in fact, I may well
    36        have to decide, having heard all the evidence, but he is
    37        going to ask you to make certain assumptions for the
    38        purpose of asking you your view about various things.  Do
    39        you understand?
    40
    THE WITNESS:  I think so.
    42
    43   MR. JUSTICE BELL:  Yes, Mr. Morris?
    44
    45   MR. MORRIS:  Would it concern you if there was no first aid
    46        person on duty in the store, a person that has had some
    47        first aid qualification or training?
    48        A.  Yes.
    49
    50   MR. RAMPTON:  My Lord, again I do not believe that is 
    51        necessarily a fair question.  Does Mr. Morris mean at all 
    52        or at different times of the day?  It is not the same thing 
    53        at all.
    54
    55   MR. MORRIS:  At any time should there be someone who has some
    56        qualification in first aid -- at any time?
    57        A.  I believe there should be someone at all times.
    58
    59   Q.   Would it concern you if a first aid box is under-stocked?
    60        A.  Yes, it would be a matter of concern if a first aid box