Day 203 - 12 Jan 96 - Page 06

     
     1        it.  But it is no use asking hypothetical questions on the
     2        basis of something we have no evidence of.
     3
     4   MR. MORRIS:  With respect, I believe that if the witness is
     5        informed by a fellow Manager about the incident, then it is
     6        evidence, it is admissible evidence.
     7
     8   MR. JUSTICE BELL:  I am not prepared to accept that.  We do not
     9        know what he was told, but I am not going to allow him to
    10        say what he was told by someone he cannot identify but he
    11        thinks may have been, I do not know -- he cannot even
    12        remember who he is.  I have no reason to suppose that the
    13        information was given to him speaking on behalf of
    14        McDonald's.
    15
    16   MR. MORRIS:  (To the witness): Was there a memo issued
    17        nationally after this incident?
    18        A.  I believe so, yes; I think by Kevin Haig.
    19
    20   Q.   The memo, did it say that this kind of incident should
         never happen again?
    22        A.  Probably, but I am not certain as to the exact content
    23        of it, but I am sure that it put the record straight in
    24        case there was any doubt.  I think that was the purpose of
    25        the memo going about.
    26
    27   Q.   About the non-use of -- to isolate a lift?
    28        A.  I do not know.  I cannot recall the exact details of
    29        the memo.  I do not know that the isolation of the lift was
    30        an issue.  I am sorry.
    31
    32   Q.   Are you aware that the person concerned, even though you
    33        did not witness the accident, was off sick for a
    34        considerable time with back injuries?
    35        A.  June Schofield, you mean?
    36
    37   Q.   June Schofield.
    38        A.  Yes, I am of course aware of it.
    39
    40   Q.   You know a Manager called Stuart Clarke, yes?
         A.  Yes, I know Stuart, yes.
    42
    43   Q.   Was he working under you at Ipswich?
    44        A.  As Store Manager, yes, I think -- yes, I think so.
    45
    46   Q.   Do you remember someone called Nick Allen?
    47        A.  Yes.
    48
    49   Q.   Did Stuart Clarke burn Nick Allen with a bun spatula,
    50        resulting in a payment to Nick Allen for compensation? 
    51        A.  I recall that there was an incident where Stuart 
    52        touched Nick Allen's arm with a hot grill spatula.  I do 
    53        not remember if there was a payment to Nick Allen.
    54
    55   Q.   Was he -----
    56
    57   MR. RAMPTON:  No, no, Mr. Morris.  My Lord, I would like, if
    58        I may, to know what Mr. Morris's excuse or justification is
    59        for bringing out of his back pocket, during
    60        cross-examination of a witness called to deal with