Day 216 - 06 02 96 - Page 12

 
 

                                                                  DAY 216
 
 
 
 
 
     1        indeed, the second sentence, it is a hierarchy system.
     2        Then there comes a passage about what Mr. Lynval imagines
     3        Mr. Preston might be doing; and, plainly, that is just a
     4        piece of vivid imagination; it is not a piece of admissible
     5        or, indeed, acceptable evidence from a Second Assistant at
     6        Kentish Town, who has absolutely no idea at all what
     7        (inaudible) does or how he runs his business.
     8
     9   MR. JUSTICE BELL:  Where does that go on to?
    10
    11   MR. RAMPTON:  It goes down to -- I do not know if your Lordship
    12        has a couple of diagonal lines, ending with the words ---
    13
    14   MR. JUSTICE BELL:  Yes, I have it.
    15
    16   MR. RAMPTON: --"give us all" -- I think the word is "shit".  It
    17        is not only objectionable because it cannot possibly be
    18        direct evidence; it is objectionable because, as it is not
    19        direct evidence, it is simply scandalous.  It is the sort
    20        of thing that would be struck out of an affidavit if it
    21        were in it.
    22
    23   MR. JUSTICE BELL:  You do not want that in for any reasons of
    24        commenting on his statement?
    25
    26   MR. RAMPTON:  No, my Lord, I would rather not have it in at all,
    27        because I know perfectly well what will happen if it is
    28        left in.  I have to make that choice, and I make it -- if
    29        your Lordship agrees.
    30
    31   MR. JUSTICE BELL:  Yes.
    32
    33   MR. MORRIS:  Dealing with the first objection, about the rumour
    34        of closing the store down due to union activity, we are
    35        prepared to accept that it is not evidence of the truth
    36        that it happened, but that it is evidence of the rumour;
    37        and I think you have stated before that it is admissible to
    38        talk about a rumour; or, certainly, this particular rumour
    39        has been brought up a number of times in the case, and you
    40        have said that it was relevant and admissible.  So that
    41        one, I think, bearing in mind the proviso that it is not
    42        evidence of the truth but evidence of the rumour.
    43
    44        The second one -- the thing about the second one is that it
    45        seems to refer to why someone would come into the store
    46        from -- well, Paul Preston, indeed -- come into the store
    47        and give the Managers hell. "He will phoned the District
    48        Manager, who will chew the ass off the Area Manager."
    49
    50        I mean, the actual bit at the end seems to be the important 
    51        bit.  I am quite happy that the matter about Paul Preston 
    52        is what you might call fantasy, in terms of identifying 
    53        Paul Preston.  But I think the second half of it, starting
    54        from the words "the District Manager will chew the ass off
    55        the Area Manager and he will come in here and give us all
    56        shit" certainly has the ring of truth about it; and I think
    57        that the reference to Paul Preston is unnecessary; we will
    58        not really challenge that being removed.  But I think the
    59        second part of it is the reality of how the hierarchy
    60        actually operated in terms of enforcing, you know, what
 
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