Day 148 - 05 Jul 95 - Page 12

     
     1        Gary Davies taking some unfortunate action as a protest,
     2        and, "It was investigated by a man called Bob Dunn", it was
     3        said on line 24, "who is the Area Security Manager for
     4        Sutton Coldfield."  Question by Ms. Steel:  "It was
     5        reported that Mr. Davies said that he had been made to work
     6        shifts ... up to 90 hours a week".  A report was produced,
     7        line 43.  The witness, who was Mr. Nicholson, said:  "I saw
     8        Bob Dunn's final report."  He could not remember the
     9        contents of it.  We said that we should have a copy of the
    10        report as soon as possible.  The incident, I think, was
    11        1992 and it was pleaded fairly soon afterwards.  So we
    12        would like a copy of that report.
    13
    14   MR. JUSTICE BELL:  Yes.  I would like you to do your argument on
    15        all of the discovery items, rather than go off to other
    16        ones.  So are you going to do the Operations Manual next?
    17
    18   MS. STEEL:  Yes.  Perhaps if you get the Operations Manual,
    19        which is pink bundle X, it would be helpful.  This manual
    20        is several hundred pages long, but only certain pages have
         been disclosed.  There are other pages which, I believe,
    22        should be disclosed which are relevant to issues in the
    23        case.
    24
    25   MR. JUSTICE BELL:  Tell me which those are then?
    26
    27   MS. STEEL:   Firstly, I think it would be helpful if we had a
    28        copy of the index of the Operations and Training manual
    29        which is not in there at present.
    30
    31   MR. JUSTICE BELL:  I cannot remember the exact wording of the
    32        case not so many months ago when Hoffmann L.J. (as he then
    33        was) gave the leading judgment, but my very approximate
    34        recollection is that he said that, first of all, it was
    35        acceptable that parts of a document might be blanked out if
    36        the holder of the document considered they were not
    37        relevant and, obviously, the same might apply to pages
    38        being omitted from a document; that if the producer of the
    39        document swore that they were relevant, that was to be
    40        accepted unless there was some good reason to suppose that
         that was not so.
    42
    43        If that is a broadly accurate reflection of what
    44        Hoffmann L.J. said, what you should really try and do is
    45        say what the reason is to suppose that there are contents
    46        of the manual which have not been disclosed which would be
    47        relevant to some issue in the case.  That is the approach
    48        I would like you to take.
    49
    50   MS. STEEL:  Yes.  Firstly, as I say, I think the index would be 
    51        relevant and very useful.  The second thing is that on page 
    52        20, which is page 8 of the bundle, bundle page 8, it starts 
    53        with hamburgers.  I do not know whether there was some kind
    54        of -- that is the introduction to hamburgers on bundle page
    55        8, but I do not know whether there was some kind of
    56        introduction to general cooking procedures before that.
    57        But, in any event, for some reason only pages 20 to 22 and
    58        page 37 of the section about hamburgers have been
    59        included.
    60