Day 203 - 12 Jan 96 - Page 05

     
     1   MR. RAMPTON:  No, I do not agree that that should be asked.
     2
     3   MR. MORRIS:  (To the witness): What was your position at the
     4        time?
     5
     6   MR. RAMPTON:  It is not pleaded.
     7
     8   THE WITNESS:  What was my position?
     9
    10   MR. MORRIS:  Yes.
    11        A.  Should I answer the question?
    12
    13   MR. JUSTICE BELL:  You can say your position, yes.
    14        A.  I do not remember, to be honest with you.  I was either
    15        a First or Second Assistant in the Ipswich restaurant.
    16
    17   MR. MORRIS:  Who told you about the incident?
    18        A.  I do not remember.  I am sure that several people will
    19        have told me about the incident, including the Restaurant
    20        Manager.  I am sure there was quite a lot of talk about it
         at the time; obviously, it was a very serious matter.  But
    22        I do not remember exactly who told me about the incident.
    23
    24   Q.   Was it the policy at the time that electricity should be
    25        cut off when somebody is working inside the lift shaft?
    26        A.  I would have thought so, yes.  I would have thought
    27        that the -- I am not quite clear of the details.  I know
    28        that there was a lot of investigation into that situation
    29        at the time.  There has been a lot of clarification of our
    30        procedures with regard to maintenance of equipment over
    31        time.  I cannot remember whether specifically at that date
    32        that was policy, but I would have thought it was pretty
    33        much common sense that the thing should be isolated before
    34        anybody should work underneath it, that is for sure -- if
    35        it was actually proper practice for people to work
    36        underneath it at all.  I mean, I thought that we should get
    37        the maintenance company to repair and to clean under the
    38        lift.  That is what I would recall as to the position.
    39
    40   MR. MORRIS:  But is this not a symptom of one of the problems at
         McDonald's:  the constant desire to keep everything going
    42        without using the proper procedures?
    43        A.  Sorry, what is a symptom?
    44
    45   Q.   For example, using a stock lift when it is clear that it
    46        should have been turned off, which may be an inconvenience.
    47
    48   MR. JUSTICE BELL:  I have no evidence that it was.
    49
    50   MR. MORRIS:  Well, the lift was active and someone nearly died. 
    51 
    52   MR. RAMPTON:  He just said he was not there.  Mr. Morris has no 
    53        evidence and it was never pleaded.
    54
    55   MR. MORRIS:  Well, he may have been told by someone in
    56        management.
    57
    58   MR. JUSTICE BELL:  He said he cannot remember.  If you seek
    59        leave to amend, or even if you do not, if you seek to call
    60        some admissible evidence about it, then we will look into