Day 162 - 25 Jul 95 - Page 14

     
     1   MR. JUSTICE BELL:  Yes.  (Pause)
     2
     3   MR. MORRIS:  Just one final question regarding the Kings Road
     4        store, when you were Area Supervisor in 1992.  Are you
     5        aware that there was a lot of complaints or complaints from
     6        neighbours ---
     7        A.  Yes.
     8
     9   Q.   -- about environment/index.html">litter?
    10        A.  Yes.
    11
    12   Q.   Do you know, have you investigated the situation when you
    13        were -----
    14        A.  It started before I arrived, so the matter has been
    15        discussed with the neighbours.  So it was almost over by
    16        the time I took over, that discussion and problems
    17        occurring about environment/index.html">litter.  So it was almost resolved when
    18        I arrived in Kings Road.
    19
    20   Q.   But you looked into the situation, did you?
         A.  I was informed and told by the previous
    22        supervisor -----
    23
    24   MR. RAMPTON:  I do not know that, in the light of that answer,
    25        Mr. Morris can go any further down this road.
    26
    27   MR. MORRIS:  I think, if I want to, I can, because what a
    28        supervisor says is that his evidence -----
    29
    30   MR. JUSTICE BELL:  I think the difficulty is -- if need be, we
    31        will have it fully argued -- by and large, you are not
    32        allowed to adduce evidence as to credit of witnesses.  What
    33        Miss Anteneh has been told and what you are asking her to
    34        say may be taken to be evidence to challenge credit.  It is
    35        also hearsay, and although we have had a lot of hearsay,
    36        because people have not taken exception to it, if someone
    37        says, "I do not want any hearsay on this", that is that.
    38        But what are you hoping to find out first, so I can get the
    39        feel of it?
    40
    MR. MORRIS:  Well, it is something to do with credit.  It is
    42        just to do with what the situation was, as the Company
    43        understood it.
    44
    45   MR. JUSTICE BELL:  How does the Company's understanding of it go
    46        to it?  I mean, how is what she was told going to help me
    47        at all, when I have actually had witnesses in the witness
    48        box giving direct admissible evidence on what the situation
    49        was?   I am not going to attach any weight at all to it,
    50        am I? 
    51 
    52   MR. MORRIS:  I would argue it is possibly on the contrary, that 
    53        someone who is untutored and unbriefed may actually come up
    54        with a quite reasonable understanding of the situation.
    55
    56   MR. JUSTICE BELL:  But on the basis of what they have been told
    57        by someone else.
    58
    59   MR. MORRIS:  Well, they may have been told the truth.
    60