Crown Court - Credibility Gap (1973) - video Dailymotion

Jezza

Crown Court: the gripping courtroom drama from the 1970s and 1980s.  A construction company building a suspension bridge is being sued for compensation by the wife of a workman who has been badly injured in a fall from the bridge. Some Doctor Who alumni here: Richard Leech, who plays the defendant, was in The Sunmakers; Windsor Davies was in Evil of the Daleks and would go on to find fame in It Ain't Half Hot Mum; Tony Selby would appear as Sabalom Glitz in the Trial of a Timelord and Dragonfire.

Transcript

00:00:00The Caron suspension bridge was completed in August 1972, and was built by the Porton Construction Company.

00:00:20This bridge was built in a remote part of Scotland, and often in very difficult weather conditions.

00:00:25Charles Porton is the managing director of that company, and he's now defending an action for negligence,

00:00:31brought by a former employee of his, Jack Stevens, who's holding out for £35,000 in damages.

00:00:37The plaintiff, Jack Stevens, is not in court.

00:00:40He was not only paralysed by the accident, but also suffered complete loss of speech.

00:00:45Therefore, this action has been brought by his wife, Carol, on his behalf, and legally she is termed next friend.

00:00:52She is also, of course, principal witness on the issue of damages.

00:00:55Mrs. Stevens, just how long had you and your husband been married when this tragedy occurred?

00:01:21Mrs. Stevens, 18 months, that's all.

00:01:23Mrs. Stevens, and over this pitifully short time that you had together, how would you describe your marriage?

00:01:28Mrs. Stevens, oh, it was perfect.

00:01:30Mrs. Stevens, perfect? In what way perfect?

00:01:31Mrs. Stevens, Jack was so kind, considerate, and understanding.

00:01:36We never had no rows. When he'd come home, he always brought me a present.

00:01:40You know, little things. Of course, we went out a lot then, dancing and parties.

00:01:44Hardly ever stayed home, we had a smashing time.

00:01:46And he was so generous. Never went short of nothing. Not like now.

00:01:50I mean, I only had to say I liked something, he'd buy it for me.

00:01:53Generous indeed.

00:01:54How much did your husband earn, Mrs. Stevens?

00:01:57About £70 a week. Sometimes it was a bit more, but never less than £70.

00:02:01This, of course, included overtime.

00:02:02Oh, yes.

00:02:03And so, over the 18-month period prior to the accident, your husband's weekly income averaged £70.

00:02:09Oh, not just for 18 months. He'd been earning that sort of money for years, long before I met him.

00:02:13Now, well, that, of course, is hearsay. I take it you have no objection, Mr. Lyde.

00:02:17Ah, no, my lord. So long as it is understood that I'm not admitting it.

00:02:22Now, you said you went out a lot. How often in, say, a month?

00:02:26Oh, eight or nine times at least.

00:02:28So it would be safe to say that you had an understanding and generous husband who earned a good income,

00:02:33and that you had a full social life.

00:02:35Very full.

00:02:36But this, of course, is now all changed.

00:02:39Oh, yeah. I never go out now. I haven't done since the accident.

00:02:42Tell me, Mrs. Stephens, had this accident not occurred,

00:02:46was it your husband's intention to remain working as a steel erector for the rest of his working life?

00:02:50No, we was going to give it another four years,

00:02:53and by then we reckoned we would have saved enough money to buy a business for ourselves.

00:02:57I would have run it, and Jack would have got a job local,

00:02:59and he wouldn't have had to have been away all the time.

00:03:01Now, was this just some vague idea, or had you taken any active steps towards this end?

00:03:06You mean, have we done anything about it?

00:03:07Oh, yeah. We started saving. We got up to £1,500 before it all happened,

00:03:12and we got the estate agents to send us details of shops,

00:03:16you know, to give us an idea of the price and that sort of thing.

00:03:18So it wasn't just an idle pipe dream?

00:03:21Oh, no, definitely not. That's what we was going to do.

00:03:24Now, had you any other plans for the future?

00:03:27Yeah.

00:03:28And these were?

00:03:30We were going to be on our own for two years,

00:03:32and then we were going to start a family.

00:03:34I see.

00:03:35But that, of course, is now impossible.

00:03:38Oh, yeah, quite impossible.

00:03:40In fact, all your hopes and plans for the future have been most cruelly shattered.

00:03:44Now, I think it might be helpful if you could tell the court

00:03:47of the change that has taken place in the lives of you and your husband, Mrs Stephens.

00:03:51Yeah, well, we've lost all our savings.

00:03:54We haven't got a penny now.

00:03:56I stay at home all the time.

00:03:59I mean, even if we could afford to, we couldn't go out

00:04:01because Jack has to either be in his chair or in his bed.

00:04:03He has to have everything done for him.

00:04:05He's quite helpless.

00:04:06I mean, it's like having a baby around all the time,

00:04:08and he's always going to be like that.

00:04:11Although the hospital gave him an electric bell for emergencies

00:04:13and that sort of thing, but he doesn't use it.

00:04:15So your husband needs someone in constant attendance the whole time?

00:04:18Well, he should have, yeah, but we can't afford it.

00:04:22I have to do everything myself.

00:04:23My mum comes in and looks after him on occasions,

00:04:26and the nurse comes in a few times a week for ten minutes or so.

00:04:30But other than that, I'm stuck there,

00:04:32and there's no point in talking to him because he can't answer.

00:04:35And even if he tries, it only upsets him,

00:04:37so we just sit in silence and watch the telly all the time.

00:04:40I understand your husband has been attending hospital.

00:04:44Oh, yeah, twice a week for six months,

00:04:46but hasn't made a scrap of difference.

00:04:48I see.

00:04:48And financially, how do you manage?

00:04:50Sort of hand-to-mouth, really.

00:04:52There's the national health and supplementary,

00:04:55but by the time I've paid the rent and the food and the bills,

00:04:58there's nothing left.

00:04:59So you're saying that you're now entirely dependent on the state?

00:05:03Yeah.

00:05:04Whereas prior to this accident, you had money in the bank,

00:05:07a hopeful future,

00:05:08and a healthy husband earning £70 a week.

00:05:11That's right.

00:05:12Not much hope for the future now.

00:05:17Sir Lloyd?

00:05:21Mr Stephens, I've been doing one or two sums,

00:05:23and I think I might have made a mistake somewhere.

00:05:26Perhaps you can help me.

00:05:28You say that you and your husband saved £1,500 in a year.

00:05:31Yeah.

00:05:32And that but for the accident,

00:05:33he'd have gone on working for another four years.

00:05:35That's right.

00:05:36And that's why my solicitor says

00:05:37it's one of the reasons why we should be compensated.

00:05:40Ah, yes, I see.

00:05:41So that among other things,

00:05:42you claim that you would have saved £6,000 during those four years.

00:05:47Well, we would have, wouldn't we?

00:05:48Because your husband, quote,

00:05:50hardly ever brought home less than £70 a week.

00:05:53Yeah.

00:05:53But surely that's not quite correct, is it?

00:05:56I don't see what you're getting at.

00:05:59I told you Jack earned £70 a week.

00:06:00Ah, yes.

00:06:02Earning.

00:06:03But not bringing home.

00:06:05Oh, I see what you mean.

00:06:06And to earn that £70 a week,

00:06:08he had to live away from home

00:06:09and keep you in London, didn't he?

00:06:10Yeah.

00:06:11Well, how much did that cost?

00:06:12We had £20 a week each.

00:06:14I see.

00:06:15And of course, he'd have the usual stoppages

00:06:16of tax and insurance, would he?

00:06:18I suppose so.

00:06:19Well, then I put it to you, Mrs Stephens,

00:06:21that your husband's take-home pay

00:06:23was around £50 a week and not £70.

00:06:27If you say so.

00:06:29Did you and your husband decide to buy a shop

00:06:31the moment you got married?

00:06:32No, not the moment, no.

00:06:33About six months after, I suppose.

00:06:35So in the year that followed,

00:06:36you saved this £1,500?

00:06:38Yeah.

00:06:39How?

00:06:41Erm...

00:06:41I said how?

00:06:43Well, I don't know.

00:06:44We just saved it.

00:06:45Well, impossible.

00:06:46If you and your husband spent £40 a week between you,

00:06:50that only leaves £10.

00:06:52And that means in a year,

00:06:53you could only save £500.

00:06:54£500.

00:06:56Well...

00:06:56Well, perhaps Jack had some saved already.

00:06:58And perhaps you'd decided to buy a shop

00:07:00when you got married?

00:07:01No, no, we was just looking.

00:07:02And you mean to say you'd have gone on

00:07:03just looking for another four years?

00:07:05Yes.

00:07:06By which time, your husband would have been 52.

00:07:09Still erecting's a job for a young man, isn't it?

00:07:12Jack was as strong as an ox and fit.

00:07:14I'm sure he was, for his age.

00:07:17Am I not right in saying

00:07:18that he was already finding the work hard,

00:07:20that he realised he couldn't go on for another four years

00:07:23and that he was actively looking for a business

00:07:25at the time of the accident?

00:07:26No, he enjoyed his work.

00:07:28He just didn't like being away from home, that's all.

00:07:30How often did he get home?

00:07:32About twice a month.

00:07:33Just for short weekends?

00:07:35Yeah, that's right.

00:07:36He'd come home Saturday morning

00:07:37and go back Sunday night.

00:07:39Look, if he could have got the same job near a home,

00:07:41he would have,

00:07:41but anything else wouldn't have paid the money.

00:07:43I see.

00:07:43So he worked away because of the money.

00:07:44Yeah.

00:07:44Mrs Stephens, there's a great deal of difference

00:07:47in the ages between you and your husband.

00:07:49He is 49 and you are...

00:07:5128.

00:07:52Now, did this age gap ever create any problems?

00:07:55How do you mean?

00:07:56Well, you said earlier that you were always going out,

00:07:59dancers and parties.

00:08:00He didn't perhaps want to stay at home sometimes.

00:08:03Jack? Oh, no.

00:08:04It's generally him that suggested it.

00:08:06Ah, perhaps wanting to show off his attractive young wife.

00:08:09Well, maybe.

00:08:10But unfortunately,

00:08:11he only had the opportunity to do that

00:08:13twice a month, I think you said.

00:08:15Yeah.

00:08:16But you've already told Miss Tate

00:08:17that you yourself went out eight or nine times a month.

00:08:20So that means on these other occasions,

00:08:22your husband wasn't there.

00:08:24Er, no.

00:08:26Did Mr Tom Morgan

00:08:28frequently accompany you on these other occasions?

00:08:31Well, Tom's a friend of Jack's.

00:08:32He was working on the same job.

00:08:34Yes, I know.

00:08:35He's also unmarried.

00:08:37Did he not regularly get away from the site

00:08:39and visit you while your husband was away?

00:08:41Well, with respect, my lord,

00:08:42I really cannot see the relevance of all this.

00:08:45Well, I can, Miss Tate.

00:08:46The point is relevant to the issue of damages.

00:08:48Among other things,

00:08:49the plaintiff is claiming

00:08:50for a shortened expectation of life.

00:08:53The question is,

00:08:53did Mr Stevens have the prospect

00:08:55of a predominantly happy life or not?

00:09:00Mrs Stevens,

00:09:01would you say that your husband is a jealous man?

00:09:04No.

00:09:05He didn't object

00:09:06that you, a married woman,

00:09:07should be taken out by another man?

00:09:09Tom and he were close friends.

00:09:12Where?

00:09:12You mean they're not now?

00:09:13Oh, of course they are.

00:09:14It's just that Tom's been working away

00:09:16on another job,

00:09:16but he always calls in to see Jack.

00:09:19Mrs Stevens,

00:09:20I suppose your husband did know

00:09:21that while he was working

00:09:23hundreds of miles away,

00:09:25you were being taken out by another man.

00:09:27Yes, of course he did.

00:09:32Mrs Stevens,

00:09:33on the occasions

00:09:34when Mr Morgan

00:09:35kindly took you out,

00:09:37were you alone

00:09:37or were you with friends?

00:09:39With friends.

00:09:40Always?

00:09:41Yes.

00:09:42Thank you, Mrs Stevens.

00:09:43Thank you, Mrs Stevens.

00:09:44You may leave the witness box.

00:09:46I call Thomas Morgan, my lord.

00:09:59I'm getting through the...

00:10:00Mrs Stevens, you gave him nothing to go.

00:10:02How long had you known Jack Stevens?

00:10:16Oh, on and off for about ten years.

00:10:18We'd worked together

00:10:18on about four or five jobs,

00:10:20I suppose.

00:10:20So you didn't always work together?

00:10:22Oh, no, you see,

00:10:23a good steel erector

00:10:24earns far more money

00:10:25by going freelance.

00:10:26You know, do one job,

00:10:27then move on.

00:10:28After a while,

00:10:29you get known in the business,

00:10:30and while you're working on one job,

00:10:31you get the next one lined up.

00:10:33Well, if you're reliable,

00:10:35like, say, me and Jack,

00:10:36well, you never stop working.

00:10:38So, like yourself,

00:10:39he went from job to job?

00:10:41Oh, yeah,

00:10:41because he was reliable.

00:10:42Well, Jack could get taken on

00:10:43on any site, any time.

00:10:45A gaffer would always find

00:10:46a place for him

00:10:47because, well, I mean,

00:10:48he knew he'd put in

00:10:49a fair day's work,

00:10:50and on top of that,

00:10:51he never calls no trouble.

00:10:53Now, in your opinion,

00:10:54Mr. Morgan,

00:10:55that of a charge hand

00:10:56and a shop steward,

00:10:57and a man who's been

00:10:58in the business

00:10:58over 15 years,

00:11:00until what age

00:11:01would Jack Stevens

00:11:02have been able to gain

00:11:03regular employment

00:11:03as a steel erector?

00:11:04My Lord,

00:11:05this is a purely

00:11:05hypothetical question.

00:11:07I cannot agree,

00:11:08my Lord.

00:11:08Very safe,

00:11:09Mr. Lloyd,

00:11:09I don't think

00:11:10the witness is qualified

00:11:11to say what the future

00:11:12demand for steel erectors

00:11:13would be.

00:11:14I do think he can say,

00:11:16having worked with the man,

00:11:17what kind of physical condition

00:11:18he was in and so on.

00:11:20May I,

00:11:20as your Lordship,

00:11:20please?

00:11:21I'm obliged,

00:11:21my Lord.

00:11:23Mr. Morgan,

00:11:24in your opinion,

00:11:25could Jack Stevens

00:11:26have physically gone on

00:11:27working until the age

00:11:28of 52?

00:11:29Definitely.

00:11:30A moment,

00:11:30Miss Tate.

00:11:31Mr. Morgan,

00:11:31do you personally know

00:11:32of many steel erectors

00:11:33aged 52 and about?

00:11:35Well,

00:11:36not many,

00:11:37my Lord,

00:11:37perhaps two or three,

00:11:38but then Jack was

00:11:39the exception

00:11:40rather than the rule.

00:11:42I certainly would have

00:11:43been willing to work

00:11:43with him.

00:11:45Now,

00:11:45Mr. Morgan,

00:11:46I'd like you to

00:11:46describe the events

00:11:47that led up to this

00:11:48tragic accident

00:11:49on March the 15th,

00:11:50and what followed it.

00:11:53Yeah,

00:11:53well,

00:11:53we came off the bridge

00:11:55that night

00:11:56at eight o'clock.

00:11:57Twelve hours

00:11:58we'd done that day.

00:11:59We were putting in

00:12:00a fair amount of overtime

00:12:01because the job

00:12:02was behind hand.

00:12:04Anyway,

00:12:04we was all wet

00:12:05and tired.

00:12:05It had been raining then.

00:12:07Oh,

00:12:07yeah,

00:12:07it always does

00:12:08in that part of the world.

00:12:09It's a sort of fine drizzle

00:12:10all the time.

00:12:11There wasn't much wind about,

00:12:12but what there was

00:12:12kept coming in gusts.

00:12:14It's dangerous

00:12:14when it's like that.

00:12:16Anyway,

00:12:16we clocks off

00:12:17and goes down

00:12:17to the canteen

00:12:18for a warm-up

00:12:19and some grub.

00:12:19As far as you were concerned,

00:12:21you'd finish for the day.

00:12:22Too true.

00:12:23All I wanted was me pit.

00:12:25Pit?

00:12:26Bed.

00:12:28Do try and use words

00:12:29we can all understand,

00:12:30Mr. Morgan.

00:12:31Sorry.

00:12:32And what happened then?

00:12:34Well,

00:12:34we hadn't been in the canteen

00:12:35more than 20 minutes

00:12:36when Walker,

00:12:37he's the site foreman,

00:12:38he comes steaming in

00:12:39in hell of a flap.

00:12:40He says that Porton...

00:12:41Mr. Porton being

00:12:43the managing director

00:12:44of the defendant company.

00:12:45That's right.

00:12:46He says that Porton's

00:12:47turned up

00:12:47and we've all got to

00:12:48go back up to work again.

00:12:49Well, I told him

00:12:50straight up he could go again.

00:12:51Mr. Morgan,

00:12:51were you given

00:12:52any reason

00:12:53for this urgency?

00:12:54Oh, yeah,

00:12:55there was some

00:12:55cock and ball story

00:12:56that the governor

00:12:57had heard a gale warning

00:12:58on the car radio.

00:12:59A false nine,

00:13:00he said.

00:13:01He said if we don't

00:13:02get up and do

00:13:02the middle link up

00:13:03that the old bridge

00:13:04could come down.

00:13:05Well, I told him

00:13:06I didn't believe it.

00:13:07I mean,

00:13:07there was hardly

00:13:07any wind at all,

00:13:08you see.

00:13:09Anyway,

00:13:09I goes out

00:13:10to talk to Porton

00:13:12direct,

00:13:12but by then,

00:13:13well,

00:13:14he's just driving

00:13:14off the site,

00:13:15isn't he?

00:13:16And what had happened

00:13:16by the time

00:13:17you went back

00:13:17to the canteen?

00:13:19Well,

00:13:19Walker had already

00:13:20persuaded Jack

00:13:21and a couple

00:13:21of the lads

00:13:22to go back up again,

00:13:23so there wasn't

00:13:24much I could do

00:13:24except agree.

00:13:25So I said,

00:13:26all right,

00:13:26we'll go back

00:13:27and do just

00:13:28the middle link up,

00:13:29but that's all.

00:13:30Mr. Morgan,

00:13:31before you continue,

00:13:31would you explain

00:13:32to myself and the jury

00:13:33in simple layman's terms

00:13:35exactly what you mean

00:13:36by link up?

00:13:37Yeah,

00:13:38but all right,

00:13:39well...

00:13:40Perhaps the model

00:13:41might help.

00:13:42Oh, yeah,

00:13:42it's all.

00:13:43Well,

00:13:44on a suspension bridge

00:13:46like this

00:13:47that's built

00:13:48across a river,

00:13:49well,

00:13:50the whole thing

00:13:50is built up

00:13:51on both sides

00:13:51at the same time

00:13:52and you build

00:13:54the whole thing

00:13:54up both sides

00:13:55at the same time

00:13:56and it's built out

00:13:56bit by bit

00:13:57until finally

00:13:59there's just this

00:14:00gap in the middle

00:14:01and then,

00:14:03well,

00:14:03we link it up.

00:14:04But how is it

00:14:07physically done?

00:14:08Oh,

00:14:08you bolt across

00:14:09some RSJs,

00:14:10rolled steel joists.

00:14:12Metal girders?

00:14:13That's right.

00:14:15Yeah,

00:14:15well,

00:14:15of course,

00:14:15once that's done,

00:14:16it's all much stronger

00:14:17because the whole thing's

00:14:18in one piece.

00:14:19But immediately

00:14:19prior to this linking up,

00:14:21the bridge is at its

00:14:22greatest risk.

00:14:23Oh,

00:14:23yeah.

00:14:24So a Force 9 gale

00:14:25would have been a real threat.

00:14:26Yeah,

00:14:27but I mean,

00:14:27except that night

00:14:28there wasn't no Force 9 gale,

00:14:30nor the next day.

00:14:31It was just a trick

00:14:32by Porton and Walker

00:14:33to con a bit more work

00:14:34out of us

00:14:34because the job was behind

00:14:35and it nearly cost Jackie's life.

00:14:37Mr Morgan,

00:14:37we will all get along

00:14:39a great deal better

00:14:39if you will confine

00:14:40your evidence to the facts

00:14:42and don't make accusations

00:14:43of that kind.

00:14:45Just answer the questions,

00:14:46Mr Morgan,

00:14:46that's all.

00:14:48So,

00:14:49having already done

00:14:50a 12-hour shift,

00:14:51you and your men

00:14:51agreed to go back to work.

00:14:53We were persuaded,

00:14:54but only because

00:14:55we believed

00:14:56what we was told,

00:14:58that it was an emergency,

00:14:59otherwise none of us

00:15:00would have gone back.

00:15:01Now,

00:15:02were you or any of the men

00:15:03issued with safety belts?

00:15:04No.

00:15:05The shed where they was kept

00:15:06was locked.

00:15:07Did you see this for yourself?

00:15:09Yeah,

00:15:09well,

00:15:09it was most of the time.

00:15:11I'd been on a walker

00:15:11about it for months.

00:15:13Did you try to get the key?

00:15:15Well,

00:15:15it wasn't no point.

00:15:16Walker always had it

00:15:17and he was on the other side

00:15:19of the river by then

00:15:20organising the other game.

00:15:21I see.

00:15:22And what happened then?

00:15:24Well,

00:15:25er,

00:15:26we climbed up

00:15:27the first set of ladders

00:15:28here

00:15:29and the next set of ladders

00:15:32was along here

00:15:32and to get to them

00:15:33we had to go along

00:15:34an RSJ

00:15:3620 feet.

00:15:37And how wide

00:15:38was this RSJ,

00:15:39this, um,

00:15:40girder?

00:15:40Nine inches.

00:15:41Was there a safety net

00:15:42beneath you?

00:15:43No.

00:15:44Were the weather conditions

00:15:45the same as earlier?

00:15:46Erm,

00:15:47drizzling rain

00:15:48and wind coming in gusts?

00:15:50Yes,

00:15:50it was.

00:15:51So you and your men

00:15:52were asked to

00:15:52walk along

00:15:5420 feet

00:15:55of nine inch wide

00:15:56girder

00:15:57wet with rain

00:15:58and with no safeguards

00:15:59whatsoever?

00:16:01Yeah.

00:16:01Was it at this point

00:16:02that the accident occurred?

00:16:04Yeah.

00:16:05Er,

00:16:05a couple of the lads

00:16:06had already gone across.

00:16:08I came next

00:16:09and Jack

00:16:10was last.

00:16:11I got about

00:16:12halfway across

00:16:13and I heard a shout.

00:16:14Well,

00:16:15as I turned

00:16:15Jack was already falling.

00:16:18Well,

00:16:18we all got down

00:16:18as fast as we could

00:16:19but by the time

00:16:21we got there

00:16:21he was already lying there

00:16:22as he'd fallen

00:16:23in the mud.

00:16:25Well,

00:16:25at first

00:16:25I thought he was dead

00:16:27and then I saw him breathe

00:16:29and,

00:16:31well,

00:16:31then we called the ambulance

00:16:32and they took him away.

00:16:36Now,

00:16:36after the ambulance had left

00:16:38did you return to work?

00:16:40No,

00:16:41none of us did.

00:16:42I followed on

00:16:43to the hospital.

00:16:44And what happened

00:16:45when you did return

00:16:46to the site?

00:16:47I had a flaming row

00:16:48with Porton and Walker,

00:16:49that's what happened.

00:16:50I told them

00:16:51that we shouldn't have

00:16:51been sent back up

00:16:52and that Jack

00:16:53should have had

00:16:53a safety belt.

00:16:54Walker says he could

00:16:55have had one

00:16:55and takes me down

00:16:56to the shed.

00:16:57Well,

00:16:57of course,

00:16:57by that time

00:16:58it's open,

00:16:59ain't it?

00:16:59They've had time,

00:17:00ain't they?

00:17:01Thank you,

00:17:02Mr Morgan.

00:17:06You've said

00:17:07the shed

00:17:07where safety belts

00:17:08were kept

00:17:08was always locked.

00:17:10Yeah.

00:17:10Always?

00:17:11Last February,

00:17:12for instance?

00:17:13Yeah.

00:17:14Am I not right

00:17:15in saying

00:17:15that in February

00:17:16of last year

00:17:16you led an unofficial

00:17:18strike for better

00:17:19working conditions?

00:17:20It might have started

00:17:21out as unofficial

00:17:22but the union

00:17:22soon backed us up

00:17:23and we won.

00:17:25The company

00:17:25met all our demands.

00:17:26So I believe.

00:17:28And yet in this strike

00:17:29for better working conditions,

00:17:30no mention was ever made

00:17:32that safety belts

00:17:33were not available.

00:17:35Well,

00:17:36I put it to you

00:17:36that you didn't mention them

00:17:38because they were available.

00:17:39No.

00:17:40Or was it then

00:17:41that the men

00:17:41weren't interested

00:17:42because they don't

00:17:42wear safety belts?

00:17:44Do you regularly

00:17:45wear a safety belt,

00:17:46Mr Morgan?

00:17:47Do you?

00:17:49Well,

00:17:49no,

00:17:50but I mean

00:17:50that's hardly the point,

00:17:51is it?

00:17:51I've seen Jack wear one

00:17:52and he would have done

00:17:53that night

00:17:54but he couldn't get at them.

00:17:55Did he actually ask

00:17:56for one?

00:17:57Well,

00:17:57no,

00:17:57I've already told you

00:17:58there wasn't no point.

00:17:59I yelled out to the lads

00:18:00that the shed

00:18:01was locked again.

00:18:03Well,

00:18:03you're saying

00:18:03that he didn't wear a belt

00:18:04because of what you told him.

00:18:06Look,

00:18:07I was standing

00:18:08six foot from the shed.

00:18:09I could see it was locked.

00:18:11I'm not blind,

00:18:11you know.

00:18:12Well,

00:18:12I suggest that door

00:18:13was not locked,

00:18:13merely closed.

00:18:14No.

00:18:15Now you say

00:18:17that you've known

00:18:18Jack Stevens

00:18:18for ten years

00:18:19and were friends.

00:18:20That's right.

00:18:21And that while he was away

00:18:22you were in the habit

00:18:23of taking his wife out.

00:18:25Well,

00:18:25yeah,

00:18:25it was like Carol said,

00:18:27mostly with friends.

00:18:28Jack Stevens

00:18:29never objected?

00:18:30Well,

00:18:31no,

00:18:31he was only too pleased

00:18:32that she was being

00:18:33taken care of

00:18:34by someone he could trust.

00:18:36What were the names

00:18:37of these friends?

00:18:38Friends?

00:18:39The people

00:18:40you and Mrs Stevens

00:18:41went out with.

00:18:42What were the names?

00:18:43Well,

00:18:44I can't say

00:18:45as I remember.

00:18:47You're a communist,

00:18:48I believe,

00:18:49Mr Morgan.

00:18:49My lord,

00:18:50I cannot see

00:18:51that the witnesses'

00:18:52political beliefs

00:18:53can have any possible

00:18:54bearing on this case.

00:18:55Neither can I,

00:18:56Miss Tate.

00:18:57As your lordship pleases.

00:18:59Mr Morgan,

00:19:00it is a fact,

00:19:01is it not,

00:19:02that you and

00:19:03Mr Stevens

00:19:03had a political argument

00:19:07on the night

00:19:07of March the 14th

00:19:08that ended in a fight?

00:19:10Fight?

00:19:11No,

00:19:12it was more

00:19:12of a difference

00:19:13of opinion.

00:19:14Are you saying

00:19:15then that no blows

00:19:15were struck?

00:19:16Well,

00:19:17there might have

00:19:17been a bit of pushing

00:19:18but that sort of thing

00:19:19often happens.

00:19:20It's all forgotten

00:19:20the next day.

00:19:21Did you strike him?

00:19:21Please answer

00:19:22yes or no.

00:19:23Well,

00:19:23yeah,

00:19:24but I mean,

00:19:24it was all over

00:19:25in a flash.

00:19:26And did it stem

00:19:27from a political argument?

00:19:28Well,

00:19:29only vaguely.

00:19:31Jack had some plans

00:19:32for a shop

00:19:33and he was looking at them

00:19:34and,

00:19:35well,

00:19:35I made some crack

00:19:36about him becoming

00:19:37a right capitalist,

00:19:38that's all.

00:19:39Oh,

00:19:39I see.

00:19:40And that's why

00:19:40blows were exchanged.

00:19:42No other reason.

00:19:44No mention of

00:19:45Mrs Stevens,

00:19:45perhaps.

00:19:47When you and your gang

00:19:48came off duty

00:19:49and went into the canteen

00:19:50on March the 15th,

00:19:51did you all have a drink?

00:19:52Yeah,

00:19:53I had a beer.

00:19:53What did Mr Stevens drink?

00:19:55I can't say I remember.

00:19:56Was that because

00:19:57you weren't on speaking terms?

00:19:58No,

00:19:59I was more interested

00:20:00in food than drink.

00:20:01So you don't know

00:20:02how many

00:20:02or what type of drink

00:20:04Jack Stevens had that night?

00:20:05No.

00:20:05Have you any idea

00:20:07why Stevens agreed

00:20:08to go back to work

00:20:09when you,

00:20:09his close friend

00:20:10and charge hand,

00:20:11were so against it?

00:20:12Did he give you a reason?

00:20:14No,

00:20:14I can only assume

00:20:15that Walker

00:20:16had persuaded him.

00:20:17Was he drunk?

00:20:19Certainly not.

00:20:20Or was he perhaps

00:20:21trying to prove to you

00:20:22that despite his age,

00:20:24physically,

00:20:24he was the better man?

00:20:26No.

00:20:27Are you quite sure

00:20:28that you and Mr Stevens

00:20:29weren't engaged

00:20:30in some test

00:20:31of physical daring

00:20:32on the bridge that night?

00:20:34No,

00:20:34definitely not.

00:20:38Mr Morgan,

00:20:39why is it

00:20:40that you don't wear

00:20:41a safety belt?

00:20:42Well,

00:20:42because they're

00:20:43more of a hindrance

00:20:44than a help.

00:20:45They're bulky

00:20:45and they sometimes

00:20:46catch on things.

00:20:48But I do wear them

00:20:49sometimes,

00:20:49I mean,

00:20:50when conditions are dangerous,

00:20:51like on that night.

00:20:52And would you ever

00:20:54engage in a test

00:20:55of daring

00:20:55while working at height?

00:20:57Never.

00:20:58I've been in the business

00:20:58too long

00:20:59to mess around like that.

00:21:01We've got a saying,

00:21:02one arm for yourself

00:21:03and one for the governor.

00:21:04And if you want

00:21:05to stay alive,

00:21:06it's a saying you remember.

00:21:07Thank you,

00:21:08Mr Morgan.

00:21:09Stand down,

00:21:09Mr Morgan.

00:21:10Miss Tate.

00:21:12My lord,

00:21:12is my next witness

00:21:13as a doctor

00:21:13and can only stay

00:21:14for a short time?

00:21:15You would like him

00:21:16heard before lunch?

00:21:18If possible,

00:21:18my lord.

00:21:20Very well.

00:21:21I call

00:21:22Dr Mackay,

00:21:23my lord.

00:21:24I take it

00:21:24you will not belong,

00:21:25Miss Tate.

00:21:27No,

00:21:27my lord.

00:21:27Are you Dr Gordon Mackay,

00:21:42Senior Casualty Officer

00:21:43at the Caron District Hospital?

00:21:46Yes, ma'am.

00:21:46And you live in the hospital?

00:21:48Yes.

00:21:48Only a few questions,

00:21:49Dr Mackay.

00:21:50At what time

00:21:51was Mr Stevens

00:21:52admitted to the hospital

00:21:53on the night of March 15th?

00:21:559.40.

00:21:57And it's been agreed

00:21:58that the accident

00:21:58occurred at 8.35.

00:22:00Well,

00:22:00that means it took

00:22:01one hour and five minutes

00:22:03for him to reach the hospital.

00:22:05Yes,

00:22:05but you must remember

00:22:06the ambulance

00:22:06had a 15 mile journey

00:22:08either way

00:22:08and because of the condition

00:22:10of the patient

00:22:10the return journey

00:22:11had to be taken gently.

00:22:12So in your opinion,

00:22:13Dr,

00:22:14Mr Stevens received treatment

00:22:15at the earliest

00:22:16possible opportunity?

00:22:17He did.

00:22:17After I'd completed

00:22:18my initial examination

00:22:19I phoned the specialist.

00:22:20He was there

00:22:21within an hour.

00:22:21And would you say

00:22:22that all the injuries

00:22:23were the result of the fall?

00:22:24I would.

00:22:25Thank you,

00:22:25Dr Mackay.

00:22:27Oh,

00:22:27I'm sure you and your staff

00:22:28did everything you could

00:22:29to help Mr Stevens.

00:22:32I'll only keep you a moment,

00:22:33Dr Mackay.

00:22:35You say that all

00:22:36Mr Stevens' injuries

00:22:37were the result of the fall?

00:22:39Yes.

00:22:40Including the torn ligament

00:22:41in his left arm?

00:22:42Oh yes,

00:22:43I think that's

00:22:43a reasonable assumption.

00:22:44But had it been torn

00:22:45say 24 hours before

00:22:46would you have any way

00:22:47of knowing this?

00:22:48Well,

00:22:48no.

00:22:48Well,

00:22:49you'd agree then

00:22:49that it is possible

00:22:50for this to have happened

00:22:51and perhaps in a fight?

00:22:53Aye,

00:22:53it's possible,

00:22:54but...

00:22:54Did your examination

00:22:55of Mr Stevens

00:22:56include the taking

00:22:57of blood tests?

00:22:59Yes.

00:23:00What were your findings?

00:23:01You mean his blood group?

00:23:03No,

00:23:03I mean was there

00:23:04any alcohol

00:23:04in his bloodstream?

00:23:07Well,

00:23:08Doctor?

00:23:09Yes,

00:23:09there was.

00:23:10How many milligrams?

00:23:11Ninety.

00:23:13Oh,

00:23:13Jack Stevens

00:23:14still had

00:23:15ninety milligrams

00:23:16of alcohol

00:23:17in his bloodstream

00:23:18when you examined him.

00:23:19thank you,

00:23:20Doctor.

00:23:37The case of

00:23:38Stevens versus

00:23:38the Porton Construction Company

00:23:40will be resumed tomorrow

00:23:41in the Crown Court.

00:23:43Jack Stevens,

00:23:57a steel erector,

00:23:58fell off the

00:23:59Caron suspension bridge

00:24:00while working on it.

00:24:01He is now paralysed

00:24:02and has lost

00:24:03the power of speech.

00:24:04There's no hope

00:24:05of recovery.

00:24:06His wife,

00:24:06Carol,

00:24:07acting on behalf

00:24:08of her husband,

00:24:09is suing the

00:24:09Porton Construction Company

00:24:11and is holding out

00:24:12for thirty-five thousand

00:24:13pounds in damages.

00:24:15Tom Morgan,

00:24:16a charge hand

00:24:16and friend of

00:24:17Jack Stevens,

00:24:18has given evidence

00:24:19to say that

00:24:19not only were the men

00:24:20not issued with

00:24:21safety belts,

00:24:22but that after

00:24:23working a twelve-hour

00:24:24shift,

00:24:24there was no need

00:24:25for the men

00:24:25to have gone up at all.

00:24:27Council for the

00:24:28Defence, however,

00:24:29while cross-examining

00:24:30a Doctor Mackay

00:24:31brought to light

00:24:32the fact that

00:24:32just prior to his

00:24:33accident,

00:24:34Jack Stevens

00:24:35had drunk enough

00:24:35alcohol to fail

00:24:37a breathalyser test.

00:24:38In the box now

00:24:39is the defendant,

00:24:40Charles Porton,

00:24:41Managing Director

00:24:42of the Porton

00:24:43Construction Company,

00:24:44Jack Stevens'

00:24:45employer.

00:24:46During the ten years

00:24:47that you've been

00:24:47Managing Director,

00:24:48have there been

00:24:48other fatalities

00:24:49or serious accidents?

00:24:51Yes, I'm sorry

00:24:51to say there have.

00:24:53Four killed,

00:24:54three seriously injured.

00:24:55Is this a high

00:24:55mortality figure

00:24:56for your type of

00:24:57business?

00:24:58No, as a matter of

00:24:59fact, it's well

00:24:59below the average

00:25:00for the industry.

00:25:01Below average?

00:25:02So as far as

00:25:03accidents are concerned,

00:25:04your company has

00:25:04a good record?

00:25:05Yes, yes,

00:25:06I suppose it has.

00:25:07Is this pure chance

00:25:08or is there a reason

00:25:09for it?

00:25:09Well, I think

00:25:10without wishing

00:25:12to blow my own

00:25:13trumpet,

00:25:14I think it is

00:25:15perhaps because

00:25:16we take a little

00:25:17more care

00:25:17than most companies.

00:25:19I always insist

00:25:20on three things.

00:25:21Firstly,

00:25:22the man must have

00:25:23a high level

00:25:23of competence

00:25:24and experience.

00:25:26Second,

00:25:26we never let them

00:25:27work in really

00:25:27bad weather conditions,

00:25:29ice, that sort of thing.

00:25:30And thirdly?

00:25:31We never take on

00:25:32man over 45.

00:25:34Well, why then,

00:25:34Mr Porton,

00:25:35did you employ

00:25:36Jack Stevens

00:25:36when he was

00:25:37well over 45?

00:25:38Because I'm afraid

00:25:39he gave his age

00:25:40as 43.

00:25:41What are you saying

00:25:42that he told you

00:25:42that himself,

00:25:43Mr Porton?

00:25:44Well, not me personally,

00:25:45my lord,

00:25:45but it is recorded

00:25:46in the employment register.

00:25:48Oh, really, my lord,

00:25:48if the defence

00:25:49is seeking to raise

00:25:50fresh allegations

00:25:51of contributory negligence,

00:25:52I feel like so...

00:25:53I won't make any decisions

00:25:54about amending pleadings

00:25:55at this point,

00:25:56but Mr Lyder,

00:25:57I think we ought to have

00:25:58that register produced.

00:25:59Very well, my lord.

00:26:01Had you known

00:26:02Mr Stevens' correct age,

00:26:04would your company

00:26:04have employed him,

00:26:05Mr Porton?

00:26:06No, sir.

00:26:07And, of course,

00:26:07this accident

00:26:08would not have taken place.

00:26:10Now, in the February of 1972,

00:26:11a strike took place.

00:26:12What was this about?

00:26:13Oh, just a few

00:26:14minor grievances.

00:26:15Anything to do

00:26:16with safety regulations?

00:26:17No.

00:26:19No, it was just

00:26:20a storm on a teacup, really.

00:26:21It's the sort of thing

00:26:22that often happens

00:26:22at any working site.

00:26:24Little things get blown up

00:26:25out of all proportion.

00:26:26No one complained

00:26:27about safety belts

00:26:28not being available?

00:26:29No, sir.

00:26:30For the simple reason

00:26:31that they always were available.

00:26:33Now, then, Mr Porton,

00:26:34it's been stated

00:26:35that on the night

00:26:35of March the 15th,

00:26:36you gave orders

00:26:37that the men should

00:26:38go back to work

00:26:39and link up the bridge.

00:26:40Is this correct?

00:26:40No.

00:26:41No.

00:26:42I see.

00:26:43Well, would you tell the court

00:26:44what did happen

00:26:45while you were at the site

00:26:46on the night?

00:26:47Certainly.

00:26:49I'd been away

00:26:49for a couple of days.

00:26:50I'd been at a meeting

00:26:51all day,

00:26:52and I dropped it

00:26:54at the site

00:26:54on my way back.

00:26:56I'd been away

00:26:57for the weekend.

00:26:57I wanted to see

00:26:58what progress they'd made.

00:26:59I spoke to,

00:27:01Walker,

00:27:02my site foreman,

00:27:03and he was the only man

00:27:05I saw

00:27:05while I was there.

00:27:07He told me

00:27:07that they were due

00:27:08to link up the bridge

00:27:09the following day.

00:27:11I mentioned

00:27:11that I'd heard

00:27:12a gale warning

00:27:13on the car radio,

00:27:14but at the moment

00:27:15the weather

00:27:15seemed reasonable enough.

00:27:18We chatted

00:27:18about technical matters

00:27:19for a couple of minutes,

00:27:21and then I left.

00:27:23But you gave no orders

00:27:24for the men

00:27:24to go back to work?

00:27:26No, sir.

00:27:27I'm sure you'll find

00:27:28that neither did Mr Walker.

00:27:29Thank you very much,

00:27:30Mr Porton.

00:27:33Mr Porton,

00:27:34you stated earlier

00:27:35that safety belts

00:27:36were always available

00:27:37to the men.

00:27:38Yes.

00:27:38Now, when you first

00:27:39arrived at the site,

00:27:40how long did you stay?

00:27:42Oh, about five,

00:27:43possibly ten minutes

00:27:44at the most.

00:27:44And on this occasion,

00:27:45did you inspect the shed

00:27:46where the safety belts

00:27:47were kept?

00:27:48Well, no.

00:27:49Then you cannot be certain

00:27:50that the shed

00:27:50was indeed open.

00:27:52Well, put like that,

00:27:53no, I suppose I can't,

00:27:54but on previous experience...

00:27:56Oh, well, I'm afraid

00:27:56it won't do you,

00:27:57Mr Porton,

00:27:58because just because

00:27:59a man does a thing

00:28:00one day is not evidence

00:28:01that you'll do it the next.

00:28:02Yes, yes,

00:28:03I do take the point.

00:28:04All I can say

00:28:05is that when I was

00:28:06recalled to the site,

00:28:07the shed where the safety

00:28:08belts were kept

00:28:08was open.

00:28:09And as you arrived there

00:28:10after the accident,

00:28:11you couldn't swear on oath

00:28:12just when it had been opened.

00:28:15Now, you've told

00:28:16my learned friend

00:28:17that your company's

00:28:18accident rate

00:28:18is below average.

00:28:19Now, how do you

00:28:20come by that conclusion?

00:28:22Well, madam,

00:28:23civil engineers

00:28:24have a very simple formula.

00:28:26Experience has shown them

00:28:27that for a contract

00:28:28of one million pounds,

00:28:30it will inevitably result

00:28:31in the death of one man.

00:28:33Two million pounds,

00:28:34two men,

00:28:35so on.

00:28:36And it was on this

00:28:37that you based the statement?

00:28:38Well, yes.

00:28:39Mr Porton,

00:28:40this formula,

00:28:43was it derived at

00:28:43by scientific study

00:28:45or merely

00:28:45from a general observation?

00:28:47I'm afraid I don't know,

00:28:48my lord,

00:28:49but I understand

00:28:50that insurance companies

00:28:51take it into account

00:28:52when assessing the risk.

00:28:55And then it would seem

00:28:56to have some value.

00:28:59I'm obliged, my lord.

00:29:01Mr Porton,

00:29:02would you happen to know

00:29:03how much work

00:29:04your company has done

00:29:04in the last ten years?

00:29:06Yes, sir.

00:29:06In no pounds, I mean.

00:29:07As a matter of fact, I do.

00:29:08Our contracts have amounted

00:29:09to almost nine million pounds.

00:29:11That's why I said that our...

00:29:12Your mortality rate

00:29:13was below average.

00:29:14Yes.

00:29:14And how much business

00:29:15in the last three years?

00:29:18Oh, it's difficult to say offhand.

00:29:20And possibly around three million.

00:29:23Well, am I not correct

00:29:24in saying that the four men

00:29:25who were killed

00:29:26all died in the last three years?

00:29:30Well, yes.

00:29:31But I based my statement

00:29:33on a ten-year period.

00:29:34Oh, I'm sure you did.

00:29:36But to quote your own formula,

00:29:38one man dead

00:29:38for every million pounds

00:29:39worth of business,

00:29:40now we now find

00:29:41that in your particular company,

00:29:43four men died

00:29:44for three million pounds

00:29:45worth of business,

00:29:46and yet you say

00:29:47that your record is below...

00:29:48is, um...

00:29:49that your record

00:29:50is above average.

00:29:52Yes.

00:29:53For a ten-year period.

00:29:55Well, I'm sure the court

00:29:56do not need me

00:29:56to point out

00:29:57that when statistics

00:29:58become a movable feast,

00:29:59they can be arranged

00:30:00to prove almost anything.

00:30:01But, um...

00:30:02let's proceed, shall we?

00:30:05Now, why did you go

00:30:06to the site

00:30:06on that particular night?

00:30:09Well, it's just all right.

00:30:10I've already said

00:30:11I'd been away

00:30:12for a couple of days

00:30:12and coming back

00:30:13from the meeting,

00:30:13I had just dropped in.

00:30:14I mean, on the off chance.

00:30:16I had to pass it

00:30:17on my way to the hotel.

00:30:18You expected, of course,

00:30:19that the bridge

00:30:20would have been linked up

00:30:21by then?

00:30:22Well, yes.

00:30:23And when you saw it wasn't,

00:30:24were you angry?

00:30:25Angry? Good Lord, no.

00:30:26Not even slightly annoyed?

00:30:27Oh.

00:30:28Disappointed, perhaps,

00:30:29and that's all.

00:30:30The fact that the bridge

00:30:31was at its maximum risk

00:30:33and that you'd heard

00:30:34a gale warning

00:30:35and this did not worry you?

00:30:37Well, yes.

00:30:38There wasn't much

00:30:38I could do about it.

00:30:39You could have ordered

00:30:40the men up again.

00:30:41I could have done,

00:30:41but I didn't.

00:30:42Was that because

00:30:43you'd already told

00:30:43your site foreman

00:30:44to do it for you?

00:30:46No, madam.

00:30:47The men were neither

00:30:48ordered up by me

00:30:49nor by Mr. Walker.

00:30:50So although there was

00:30:51the possibility

00:30:52that the bridge

00:30:52was in danger,

00:30:53you did nothing?

00:30:55We agreed that

00:30:56there was no

00:30:57immediate danger,

00:30:58but that if the gale

00:30:59got up,

00:31:00he would call me

00:31:01and we would assess

00:31:02the matter then.

00:31:03Did you discuss

00:31:04the meeting you'd had

00:31:05with the road contractors

00:31:06earlier that day

00:31:06by any chance?

00:31:08I think I may have

00:31:09mentioned a few details,

00:31:10yes.

00:31:10The fact that you

00:31:11were being persuaded

00:31:13to speed up progress

00:31:14on the bridge?

00:31:15No, because we went.

00:31:17But is it not a fact

00:31:18that on March the 15th

00:31:19the bridge was

00:31:20behind schedule?

00:31:21A little, perhaps,

00:31:22but with a contract

00:31:24of this size,

00:31:25this is bound to happen

00:31:27from time to time.

00:31:27There are periods

00:31:28when you're ahead.

00:31:29The important thing

00:31:30is to finish on time.

00:31:32This we did

00:31:32to the day.

00:31:33Are you saying

00:31:34that the building

00:31:35contractors

00:31:35never mentioned

00:31:36the completion date

00:31:37at all?

00:31:38Only in as far

00:31:39as they were

00:31:39a little ahead

00:31:40of schedule

00:31:40and we were

00:31:41a little behind

00:31:42at that time.

00:31:43They wanted reassurance

00:31:44that we'd both

00:31:45finish on time,

00:31:45that's all.

00:31:47Did your contract

00:31:48contain a penalty clause?

00:31:50Most contracts do now.

00:31:51I'm asking about

00:31:52your contract,

00:31:53Mr. Porton.

00:31:53I'm sorry,

00:31:54I thought I'd

00:31:54answered you.

00:31:55Yes, it did.

00:31:55And had your company

00:31:56indemnified itself

00:31:57against a possible loss?

00:31:58I imagine so,

00:31:59we normally do.

00:32:00But did you

00:32:00on this occasion?

00:32:02I usually leave

00:32:03this sort of thing

00:32:03to my accountants.

00:32:05As I say,

00:32:06I imagine that we did,

00:32:07but without looking it up

00:32:08I couldn't swear to it

00:32:09one way or the other.

00:32:10This contract

00:32:11was very important

00:32:12to you, wasn't it?

00:32:13Yes, of course.

00:32:14I'm sure a contract

00:32:15of this size

00:32:15would be important

00:32:16to any company.

00:32:16Oh, no, no,

00:32:17I didn't say

00:32:17to any company,

00:32:18I said it was

00:32:19important to you.

00:32:20Is it not a fact

00:32:21that in the previous year

00:32:23your shareholders

00:32:24had tried to vote

00:32:25you out of office

00:32:26because for two years

00:32:27running the company

00:32:27had shown a loss?

00:32:29Madam,

00:32:30the business world

00:32:31is full of rumours

00:32:32of takeover.

00:32:34This is not

00:32:35an idle rumour,

00:32:37Mr. Porton.

00:32:38It was well reported

00:32:39in the press.

00:32:40In fact,

00:32:40it was suggested

00:32:41that another loss

00:32:42would see you

00:32:43out of office.

00:32:44Absolute nonsense.

00:32:45Absolute nonsense.

00:32:48Well, you did not

00:32:49dismiss the matter

00:32:50so lightly

00:32:50when you wrote

00:32:51to this newspaper

00:32:51on June the 1st, 1971.

00:32:53In fact,

00:32:53you made a very

00:32:54solemn promise.

00:32:55You said,

00:32:56I am so confident

00:32:57that the company

00:32:58will be in profit

00:32:59within 12 months

00:33:00that if it is not,

00:33:01I will happily

00:33:02hand over the reins.

00:33:03Yes.

00:33:04Well, that was written

00:33:06in the heat of the...

00:33:07The heat of the moment.

00:33:10Well, the heat of the battle,

00:33:12I was going to say.

00:33:13And within 12 months,

00:33:16in fact,

00:33:17we were in profit.

00:33:18But you were not

00:33:19to know that

00:33:19on the night of March

00:33:20the 15th,

00:33:21were you,

00:33:21Mr. Porton.

00:33:22If that bridge

00:33:23had collapsed,

00:33:23that would be

00:33:24the end of your company.

00:33:25The fact is,

00:33:26madam,

00:33:26it did not collapse.

00:33:27I put it to you,

00:33:28Mr. Porton,

00:33:29that the fear

00:33:30of losing control

00:33:31of your firm

00:33:31was foremost

00:33:32in your mind

00:33:32that night.

00:33:33No, madam.

00:33:34That the fear

00:33:34had been heightened

00:33:35earlier in the day

00:33:36when you'd been

00:33:36forced to admit

00:33:37that you were

00:33:38behind schedule,

00:33:39that when you

00:33:39reached the site

00:33:40and found that

00:33:41the bridge

00:33:41had not been linked up,

00:33:42you were panicked

00:33:43into demanding

00:33:44that this job

00:33:44be completed immediately

00:33:45and as an excuse

00:33:47you invented

00:33:47this so-called

00:33:48gale warning.

00:33:51Madam,

00:33:52I've never heard

00:33:53such a monstrous

00:33:54pack of false

00:33:55assumptions

00:33:56in all my life.

00:33:59Unfortunately,

00:34:00your present status

00:34:01protects you

00:34:02from libel,

00:34:03but it's a freedom

00:34:04you grossly abuse.

00:34:21Were you present

00:34:22when this fight

00:34:23took place

00:34:23between Morgan

00:34:24and Stevens?

00:34:25Yes, I was.

00:34:26And could you tell

00:34:27the court exactly

00:34:27what happened,

00:34:28Mr. Walker?

00:34:30Well, this was

00:34:31Sunday night,

00:34:32the 14th,

00:34:33the day before

00:34:34the accident.

00:34:35Most of the boys

00:34:36had gone into town

00:34:37and there were only

00:34:38about ten of us

00:34:38in the canteen.

00:34:40I was having a drink

00:34:41and Jack was nearby

00:34:42talking to Morgan.

00:34:44And after a while,

00:34:45they started arguing

00:34:46about politics.

00:34:47Then Morgan began

00:34:48to get personal.

00:34:49How do you mean

00:34:50personal?

00:34:51He started taking

00:34:51the mickey about

00:34:52Jack's age,

00:34:53saying he couldn't

00:34:54cope with a young

00:34:54wife, he was past it.

00:34:56Of course,

00:34:56this got Jack annoyed,

00:34:58but he said he didn't

00:34:59have to prove anything

00:35:00to a straddler.

00:35:01And then there was

00:35:02a bit of a...

00:35:02One moment,

00:35:02Mr. Walker,

00:35:03this word you just

00:35:04used, what,

00:35:05straddler,

00:35:06did you say?

00:35:06Yes, sir.

00:35:07What exactly does that mean?

00:35:08Well, it's what we call

00:35:09a man who walks a girder

00:35:10with his legs straddled

00:35:11either side of it, sir.

00:35:13You see the girders

00:35:13between his legs

00:35:14and his feet

00:35:15are touching the bottom

00:35:15part of it.

00:35:16Really?

00:35:17I had no idea.

00:35:18But I take it

00:35:19that on this occasion

00:35:20it was used

00:35:20as a term

00:35:22of derision.

00:35:23Yes, sir.

00:35:24You see,

00:35:25Jack Stevens

00:35:26was a top walker.

00:35:26A top?

00:35:28A man who walks

00:35:29along the top

00:35:29of a girder.

00:35:30I see.

00:35:31So Mr. Stevens

00:35:33was implying

00:35:33that he was superior

00:35:34to Mr. Morgan

00:35:35who was a straddler.

00:35:37Yes, sir.

00:35:38Top walking

00:35:39takes a lot more nerve.

00:35:40I imagine it's

00:35:41much more dangerous,

00:35:42is it?

00:35:42Indeed it is, sir.

00:35:43I see.

00:35:44Carry on, Mr. Lloyd.

00:35:45I'm much obliged,

00:35:46my lord.

00:35:47Was it after this

00:35:48that they started

00:35:49to fight?

00:35:50Yes, sir.

00:35:51Jack threw a punch

00:35:51at Morgan and missed.

00:35:52The table went over.

00:35:54They set to.

00:35:54It didn't last long

00:35:55because me and a few

00:35:56of the others

00:35:56soon stopped it

00:35:57and then Morgan

00:35:59went off with a couple

00:35:59of his mates

00:36:00and I bought Jack

00:36:01a drink.

00:36:01Did Mr. Stevens

00:36:02say anything about

00:36:03the fight?

00:36:03Did you discuss it

00:36:04at all?

00:36:05No, no.

00:36:05He was feeling

00:36:06pretty fed up.

00:36:07He didn't want

00:36:07to talk at all.

00:36:09In fact,

00:36:09when I asked him

00:36:10if he'd hurt his arm

00:36:11I was told to mind

00:36:11my own business.

00:36:12Arm?

00:36:12Which arm was this?

00:36:14No, it was the left one.

00:36:14He kept moving the shoulder,

00:36:16rubbing the muscle

00:36:16like he might have

00:36:17sprained it.

00:36:18You said just now

00:36:18that he'd aimed

00:36:21a punch at Mr. Morgan,

00:36:22a punch that had missed.

00:36:23Now, was this a left

00:36:24or a right-handed punch?

00:36:26It was a left,

00:36:27straight left.

00:36:28I see.

00:36:29How did Morgan

00:36:30and Stevens behave

00:36:31towards each other

00:36:32the next morning?

00:36:33Well, I only saw them

00:36:34from a distance

00:36:35but they seemed

00:36:35to be working

00:36:36well enough together.

00:36:37Now, can you tell us

00:36:37what happened

00:36:38when you came off duty

00:36:39on the night

00:36:39of March 15th

00:36:40from the moment

00:36:41that you left the bridge?

00:36:43Well, I locked up

00:36:44the store

00:36:45and the safety belt shed

00:36:46and I went across

00:36:47to the site office.

00:36:48I entered up

00:36:49a few figures

00:36:50on the progress sheet

00:36:51and then I went

00:36:52across to the canteen.

00:36:54Was that when

00:36:54Mr. Porton arrived?

00:36:55Yes, I went across

00:36:56to his car

00:36:56and we talked for a bit.

00:36:58Mr. Walker,

00:36:58now he says,

00:36:58most important,

00:36:59can you remember

00:37:00exactly what was said?

00:37:03Yes, he asked me

00:37:04why we hadn't linked up yet

00:37:05and I told him

00:37:06the reason

00:37:07and that we were going

00:37:07to do it the next day

00:37:08and he said he hoped

00:37:09it would be all right

00:37:10because had I heard

00:37:11the gale warning.

00:37:12Well, I hadn't heard

00:37:13the radio all that night

00:37:14so he told me about it.

00:37:16Did you discuss

00:37:17whether or not

00:37:17anything should be done?

00:37:19Yes, I said the men

00:37:20had just done

00:37:20a 12-hour shift.

00:37:21It wouldn't be right

00:37:22to send them up again

00:37:22especially as there was

00:37:24no immediate danger

00:37:25and he agreed.

00:37:26So we decided

00:37:27we wouldn't do anything

00:37:27unless the wind

00:37:28did blow up again

00:37:29but if it didn't

00:37:30we'd get the job done

00:37:31as soon as it was light.

00:37:33Then I said goodnight

00:37:34and went to the canteen.

00:37:35And Mr. Porton?

00:37:37Well, I think he went

00:37:38down to the bridge

00:37:39to have a look at it

00:37:39and then got into his car

00:37:40and drove off.

00:37:41What happened

00:37:41when you got to the canteen?

00:37:43Well, I must have

00:37:44looked a bit fed up

00:37:45because somebody

00:37:45asked me what was wrong.

00:37:47I told them about

00:37:48the gale warning

00:37:49and what Mr. Porton

00:37:50had said

00:37:50that we might have

00:37:51to go up again

00:37:52in the night

00:37:52if the wind blew up again.

00:37:54And then I went

00:37:55across to talk to Jack.

00:37:57I didn't actually hear

00:37:58what Morgan said

00:37:59but he seemed to be

00:38:00laying the law down a bit

00:38:01and then he went out.

00:38:02To speak to Mr. Porton?

00:38:04Well, I suppose so.

00:38:04What happened next?

00:38:06Well, Jack got his boys together

00:38:08and he said

00:38:08they were going to do

00:38:09the job there and then

00:38:10to save going up again

00:38:12in the night

00:38:12providing they got double time.

00:38:14Well, I said

00:38:15it wasn't strictly necessary

00:38:16and I wouldn't let them

00:38:17because I thought

00:38:17they were tired.

00:38:18Now, please think carefully

00:38:19about this.

00:38:20Did you at any time

00:38:21either ask those men

00:38:22to go back to work

00:38:23or agree to their suggestion?

00:38:25No, no.

00:38:26Of course, when I

00:38:26saw I couldn't stop them

00:38:27I had to go along

00:38:28and get things organised.

00:38:30Do you know why

00:38:30Morgan went back to work?

00:38:33Well, he was their charge hand

00:38:35wasn't he?

00:38:37Anyway, after Jack had

00:38:38had a go at him

00:38:39I don't...

00:38:39Had a go at him?

00:38:41Yes, he said

00:38:42he was all mouth and trousers.

00:38:44He said the real men

00:38:45were going back to work

00:38:46even if the little boys

00:38:48were afraid.

00:38:48Well, that was the gist of it.

00:38:49He needled him

00:38:50so he had to go.

00:38:51I see.

00:38:51And did you feel

00:38:52that this was an act of bravado

00:38:53for Mr. Morgan's benefit?

00:38:55Beg your pardon?

00:38:56Showing off?

00:38:58Well, I suppose so

00:38:59certainly as far as

00:38:59Morgan was concerned.

00:39:02On leaving the canteen

00:39:02what was the first thing

00:39:03you did, Mr. Walker?

00:39:04I opened the safety belt shed.

00:39:05Now, you're quite sure of that?

00:39:06Yes.

00:39:07Did you actually see the accident?

00:39:09No, sir.

00:39:10I was on the opposite side

00:39:11of the river

00:39:12with the other gang at the time.

00:39:13Mr. Lloyd, Mr. Tate

00:39:14I'm sorry to interrupt

00:39:15but I would like to clarify

00:39:16what now seems to be

00:39:17the main issue in this case.

00:39:19If neither Mr. Walker

00:39:20nor Mr. Porton

00:39:21actually sent the men

00:39:22up onto the bridge

00:39:23and the men went up

00:39:23in defiance of Mr. Walker's

00:39:25explicit instructions

00:39:26I rarely cannot see

00:39:27that the defendants

00:39:28are liable.

00:39:29Exactly, my lord.

00:39:30But only if that is

00:39:31indeed the case,

00:39:32I mean...

00:39:32Yes, precisely.

00:39:34Pity is that all

00:39:35these extraneous issues

00:39:36have been entered

00:39:36on the pleadings.

00:39:37It would seem to be

00:39:38a great deal of time

00:39:39and money has been wasted.

00:39:42Let us continue.

00:39:42Go on, please, Mr. Lloyd.

00:39:44It's been stated

00:39:45that you and Mr. Morgan

00:39:46had a quarrel

00:39:47later that evening.

00:39:47Is that correct?

00:39:49Yes, sir.

00:39:50It was after he came back

00:39:51from the hospital

00:39:52when Mr. Porton was there.

00:39:54Morgan blamed me

00:39:55for the whole thing.

00:39:57Kept shouting and swearing

00:39:58at both of us,

00:39:59coming out with

00:39:59the usual communist bit

00:40:00about the bosses

00:40:01treading on the workers

00:40:02and when I pointed out

00:40:03to him that all the boys

00:40:05had gone up that night

00:40:06of their own free will

00:40:07and not one of them

00:40:07had bothered to get

00:40:08a safety belt,

00:40:09he shouted me down

00:40:09and called me a liar.

00:40:11In the end,

00:40:11Mr. Porton told me

00:40:12to take him down the shed

00:40:13and show him it was open.

00:40:14And?

00:40:16When he saw I was right,

00:40:18he accused me

00:40:19of opening the shed

00:40:20after the accident.

00:40:22Had you, Mr. Walker?

00:40:23No.

00:40:29How long have you worked

00:40:31for the Porton Construction

00:40:32Company, Mr. Walker?

00:40:3418 years, miss.

00:40:36So you obviously

00:40:36have considerable experience.

00:40:38Would you say

00:40:39you're a good site foreman?

00:40:44No need for false modesty,

00:40:46Mr. Walker.

00:40:48Well, yeah, I suppose

00:40:49I was pretty good.

00:40:50I did the job well enough.

00:40:51And what would you say

00:40:52are the prime requirements

00:40:53of a good site foreman?

00:40:55Well, for a start,

00:40:56he's got to know

00:40:57the trade backwards.

00:40:59Be a good supervisor,

00:41:00able to handle men

00:41:01and make sure the job

00:41:03goes ahead as planned,

00:41:04I suppose.

00:41:04I see.

00:41:05Be a good supervisor

00:41:06and be able to handle men.

00:41:09And yet, according to you,

00:41:09on the night of March the 15th,

00:41:12although you felt

00:41:12it wasn't necessary

00:41:13for the men

00:41:13to return to work,

00:41:15they turned round on you

00:41:16and said that that is

00:41:17what they were going to do

00:41:18against your wishes

00:41:19and against the wishes

00:41:20of the employer.

00:41:22Now, do you honestly

00:41:22expect us to believe

00:41:23that you,

00:41:24a good site foreman,

00:41:25couldn't have dissuaded them?

00:41:27I tried, miss.

00:41:29Well, are you sure

00:41:30you didn't ask them

00:41:31to go up?

00:41:32No, I'm quite sure.

00:41:34You see,

00:41:35I may not have really

00:41:36put my foot down very hard,

00:41:37but I didn't want

00:41:38to antagonize the men.

00:41:39Small things like that

00:41:40can easily lead to a strike.

00:41:41And another strike

00:41:43might jeopardize

00:41:44your chance for a promotion,

00:41:45is that what you're saying?

00:41:47No.

00:41:48But nevertheless,

00:41:49it is true to say,

00:41:50is it not,

00:41:50that only a month

00:41:51after the accident,

00:41:52you were, in fact,

00:41:53promoted to, um,

00:41:54supplies manager

00:41:55at head office.

00:41:56Yes, but that had been

00:41:58in the air for months.

00:41:59So, on the 15th of March,

00:42:01you already knew

00:42:01that in the near future

00:42:02you were going

00:42:03to be promoted?

00:42:05Yes.

00:42:06The fact that the accident

00:42:08occurred when you

00:42:08were in charge

00:42:09didn't diminish

00:42:10your prospects of promotion?

00:42:12No.

00:42:13It was an accident.

00:42:15I mean,

00:42:15this sort of thing

00:42:16can happen to anybody

00:42:17in my position.

00:42:18Have there been

00:42:18many accidents on sites

00:42:20when you've been

00:42:20in charge, Mr Walker?

00:42:23A number, miss.

00:42:24How many?

00:42:25Serious ones, I mean.

00:42:26Five.

00:42:28How many fatal?

00:42:30Three.

00:42:31I see.

00:42:32Three fatal.

00:42:34Now, on the night

00:42:35of the 15th,

00:42:35when you came down

00:42:36from the bridge,

00:42:37did you think,

00:42:38like the other men,

00:42:38that you'd finished work

00:42:39for the day?

00:42:40Yes.

00:42:40And that is the reason

00:42:41that you locked

00:42:42the safety belt shed?

00:42:43Well, it wouldn't be needed

00:42:44again for that day.

00:42:45No, quite, quite.

00:42:46And you hung the key

00:42:47with the others

00:42:48in your office?

00:42:50Yes, on the board.

00:42:51Fine, fine.

00:42:51Now, let me just see

00:42:52if I've got these facts straight.

00:42:54Mr Porton arrived

00:42:55and asked you

00:42:56if the bridge

00:42:56had been linked up

00:42:57and you said it hadn't.

00:42:59He asked you

00:43:00if you'd heard

00:43:00the weather forecast

00:43:01and you said you hadn't.

00:43:03And he told you

00:43:04there'd been a gale warning.

00:43:05Now, is that how it happened?

00:43:07Yes.

00:43:08And I believe

00:43:08the next thing you said

00:43:09was that it wouldn't be fair

00:43:11to send the men

00:43:12up again

00:43:14because they'd only

00:43:14just finished

00:43:15a 12-hour shift.

00:43:17Now, why did you say that?

00:43:20Well, they had.

00:43:21No, no, no.

00:43:22I mean,

00:43:23was Mr Porton

00:43:24suggesting that the men

00:43:25should go back again?

00:43:27No.

00:43:28Then why say it?

00:43:29I just...

00:43:32I don't know.

00:43:33I just said it,

00:43:33that's all.

00:43:35Did Mr Porton

00:43:36tell you what had happened

00:43:37at the meeting

00:43:38he'd had with the road contractors

00:43:39earlier that day?

00:43:41Only that they were

00:43:42ahead of time

00:43:43and we'd have to get

00:43:43a move on

00:43:44to catch up.

00:43:45Did you take this

00:43:46as an indirect order

00:43:48to get the men

00:43:48back to work

00:43:49on the link-up immediately?

00:43:50No, no.

00:43:51We'd finished talking

00:43:52about all that by then.

00:43:54It was just conversation, really.

00:43:56It might have been

00:43:56one of the reasons

00:43:57why I didn't object

00:43:58too much

00:43:58when the boys

00:43:58said they were going up.

00:43:59Without any prompting

00:44:01from you?

00:44:01Yes.

00:44:03So, after the men

00:44:04told you

00:44:04what they were going to do

00:44:06you followed them

00:44:07out of the canteen?

00:44:09Yes, sir.

00:44:10I went to open up

00:44:11the safety shed.

00:44:13Is it possible

00:44:14that they may have

00:44:15got there before you?

00:44:16I mean,

00:44:16were you delayed

00:44:17in any way?

00:44:18No, I went straight

00:44:19from the shed

00:44:20to the canteen.

00:44:20Sorry,

00:44:21from the canteen

00:44:21to the shed.

00:44:22You're quite certain

00:44:22of that?

00:44:23Yes.

00:44:24And then you

00:44:25unlocked the door.

00:44:27Yes.

00:44:27With what?

00:44:30With a key.

00:44:32The key that was

00:44:33left hanging

00:44:33in your office

00:44:34when Mr. Porton arrived.

00:44:36Now, if you went

00:44:37straight from the canteen

00:44:38to the shed

00:44:39with the safety belts

00:44:40you couldn't possibly

00:44:41have had that key

00:44:42with you,

00:44:42could you,

00:44:42Mr. Walker?

00:44:44Oh, well,

00:44:45I picked it up

00:44:46on the way.

00:44:47But the office

00:44:48is in the opposite

00:44:49direction,

00:44:50isn't it?

00:44:51Yes.

00:44:53Mr. Walker,

00:44:54are you aware

00:44:55that perjury

00:44:56is a punishable

00:44:57offence?

00:44:59I strongly advise

00:45:00you to answer

00:45:00learned counsel's

00:45:01questions honestly

00:45:02and truthfully.

00:45:05Once you have

00:45:05left the witness

00:45:06box,

00:45:06you will have

00:45:07no opportunity

00:45:07to correct

00:45:08what you have

00:45:09said.

00:45:12Are we now

00:45:13to understand,

00:45:13Mr. Walker,

00:45:14that the shed

00:45:15was in fact locked

00:45:16and that Jack

00:45:17Stevens could not

00:45:18have obtained

00:45:18a safety belt?

00:45:19Yeah.

00:45:26Was this shed

00:45:26frequently locked

00:45:27during working hours?

00:45:30Yes.

00:45:31Why?

00:45:32Well, we'd had

00:45:33a number...

00:45:33We can't hear you,

00:45:34Mr. Walker.

00:45:35We'd had a number

00:45:36of belts stolen

00:45:36and Mr. Porton

00:45:37said if they wanted

00:45:38a belt,

00:45:39they could come

00:45:39and ask for one.

00:45:41And on the night

00:45:42of March the 15th,

00:45:43were you told

00:45:44to get the men

00:45:45back to work?

00:45:45I wasn't told

00:45:48exactly.

00:45:49No, it was

00:45:50more of a

00:45:51suggestion.

00:45:53In what way

00:45:53was it more

00:45:54of a suggestion?

00:45:56Well, he did say

00:45:57if...

00:45:59Well, I should

00:45:59think of the

00:46:00company first

00:46:01and then the

00:46:01company might

00:46:02think of me.

00:46:02He didn't mention

00:46:03promotion, but...

00:46:04By he, of course,

00:46:05you do mean

00:46:06Mr. Porton?

00:46:07Yes.

00:46:08So did you in fact

00:46:09ask the men

00:46:10to go back to work?

00:46:11Well, I...

00:46:12Not in so many words.

00:46:13I mean, I didn't

00:46:14ask them.

00:46:15It was more

00:46:16of a suggestion.

00:46:18To which

00:46:18Mr. Morgan

00:46:19strongly objected.

00:46:21Yes, but I mean,

00:46:23I didn't order

00:46:24him to go up.

00:46:25He took it like that,

00:46:26but I didn't

00:46:26actually say it.

00:46:27Was it your idea

00:46:28to unlock the

00:46:29safety belt shed

00:46:29after the accident,

00:46:31Mr. Walker?

00:46:33No, Mr. Porton

00:46:34told me to do it.

00:46:36Did you realize

00:46:37that you were

00:46:37tampering with evidence?

00:46:40It wasn't my fault,

00:46:41really.

00:46:42I mean, I was told

00:46:42to do it.

00:46:43I didn't want to

00:46:43get the company

00:46:44into trouble.

00:46:45Not to mention

00:46:46yourself.

00:46:47Thank you, Mr. Walker.

00:46:49Mr. Lloyd,

00:46:50would I be right

00:46:51in assuming

00:46:51that you will be

00:46:52calling Mr. Porton

00:46:53back to the witness box?

00:46:55With your permission,

00:46:56my lord, yes.

00:46:57I shall look forward

00:46:58with considerable interest

00:46:59to what he has to say.

00:47:01My lord,

00:47:01before I recall

00:47:02Mr. Porton,

00:47:03there are some questions

00:47:04I would like to ask

00:47:06Mr. Walker

00:47:06in re-examination.

00:47:07The case of Stevens

00:47:25versus the Porton

00:47:26Construction Company

00:47:27will be resumed tomorrow

00:47:28in the Crown Court.

00:47:30In the case of Stevens

00:47:44versus the Porton

00:47:45Construction Company,

00:47:47there has been

00:47:47a dramatic turn

00:47:48of events.

00:47:49George Walker,

00:47:50a prime witness

00:47:51for the defence,

00:47:52has just committed perjury.

00:47:54Having initially said

00:47:55that the shed

00:47:55containing safety belts

00:47:56was open,

00:47:57he now admits

00:47:58that it was locked.

00:48:00Walker has tried

00:48:00to place the entire blame

00:48:01on his managing director,

00:48:03Charles Porton,

00:48:04claiming that he was

00:48:04acting on his instructions.

00:48:07Charles Porton

00:48:07has given evidence

00:48:08denying strongly

00:48:09that he ever gave instructions

00:48:10for the men

00:48:11to be sent back up to work.

00:48:13He contends

00:48:14that if the plaintiff,

00:48:15Jack Stevens,

00:48:16together with Tom Morgan

00:48:17and the rest of the men,

00:48:18went back onto the bridge,

00:48:20that they did so voluntarily

00:48:21and contrary

00:48:22to express instructions.

00:48:24Therefore,

00:48:24neither he

00:48:25nor his company

00:48:26can be held responsible

00:48:27for the accident

00:48:28that occurred.

00:48:29Yes, Mr. Lloyd.

00:48:32Mr. Walker,

00:48:33during the construction

00:48:34of the bridge,

00:48:35your wife continued

00:48:35to reside in London.

00:48:37Yes, she did.

00:48:38Will you look at this document?

00:48:39Before the witness

00:48:40sees it, my lord,

00:48:41I'd like to know what it is.

00:48:42My lord,

00:48:43it is a letter

00:48:43written by Mr. Walker.

00:48:45The plaintiff has had

00:48:46paper notice

00:48:46of the intention

00:48:47to use it in evidence,

00:48:48but my lord's friend

00:48:49can see it if she wishes.

00:48:50Proper notice

00:48:51has been given, Miss Tate.

00:48:52Yes, my lord.

00:48:53Mr. Walker,

00:48:53will you look at this document?

00:48:54It is a letter

00:48:57written by you

00:48:58to your wife

00:48:58just two days

00:48:59after Stephen's accident,

00:49:00isn't it?

00:49:02Yes.

00:49:02Now, would you read

00:49:03the part that I've marked

00:49:04dealing with the accident?

00:49:07After I told them

00:49:08about the gale warning,

00:49:10the men wanted

00:49:11to go up again.

00:49:12I told them

00:49:13I would not allow it,

00:49:14but they went up

00:49:15without my authority.

00:49:17Jack Stephens fell

00:49:18and is now paralysed.

00:49:21They went up

00:49:22without your authority.

00:49:25You needn't read any more.

00:49:26Sir Walker,

00:49:26which of your stories

00:49:27is true?

00:49:32The one I said yesterday.

00:49:33Sir, you lied

00:49:34in that letter

00:49:34to your wife.

00:49:35Why?

00:49:38Well, I knew

00:49:39she'd get to hear of it.

00:49:41I didn't want her

00:49:42to think I'd sent

00:49:43the man up.

00:49:45That was the reason?

00:49:46Yes, sir.

00:49:48Have you anything else

00:49:49to say?

00:49:51No.

00:49:52You can go, Walker.

00:49:55Sir Lloyd,

00:49:55do you wish to recall

00:49:56Mr. Porton?

00:49:57Well, I will simply

00:49:58tender him

00:49:59for further cross-examination,

00:50:00the Lord.

00:50:00All right, come back,

00:50:01Mr. Porton.

00:50:13Porton, you are still

00:50:14on oath, you understand?

00:50:16I do.

00:50:18I expect you're wondering

00:50:21just what I'm going

00:50:22to ask you, Mr. Porton.

00:50:23No, madam.

00:50:24I imagine you're going

00:50:25to ask me about

00:50:25the misleading statements

00:50:26of the previous witness.

00:50:28Misleading statements?

00:50:29Well, I must say

00:50:30that's a rather delicate

00:50:31way of putting it.

00:50:32Yes.

00:50:34But before going

00:50:35into these misleading

00:50:36statements,

00:50:36there's one or two things

00:50:38I'd like to ask you

00:50:39about your previous evidence.

00:50:40Now, his Lordship

00:50:41has asked the defendants

00:50:42to produce an employment

00:50:43register so that we can

00:50:44verify a statement

00:50:45to make.

00:50:46Yes, this register

00:50:46has been produced.

00:50:47Indeed it has.

00:50:48My Lord, if the jury

00:50:49may see this,

00:50:50the relevant page

00:50:51is marked.

00:50:56Now, you stated,

00:50:57Mr. Porton,

00:50:57that your company

00:50:58did not employ men

00:51:00over the age of 45,

00:51:01and at the time

00:51:02of employment,

00:51:03Jack Stevens gave

00:51:04his age as 43.

00:51:06Yes.

00:51:07I take it you meant

00:51:08to imply that

00:51:08had he given

00:51:09his correct age,

00:51:10he would never have

00:51:11been employed

00:51:11in the first place.

00:51:12Yes, that is correct.

00:51:13In fact, it has been

00:51:14pointed out to me

00:51:14that I gave written

00:51:15notice of this fact

00:51:17to my site foreman

00:51:18over seven years ago.

00:51:20Yes, well, it's a little

00:51:20late in the day

00:51:21to introduce that point.

00:51:22Now, let's just deal

00:51:24with the register,

00:51:25shall we, Mr. Porton?

00:51:27Have you actually seen it?

00:51:29I have now.

00:51:30And have you noticed

00:51:31that on the relevant page,

00:51:33all the threes are well-rounded

00:51:35with one exception,

00:51:36that of the three

00:51:37in the 43

00:51:38opposite Jack Stevens' age.

00:51:41This begins with

00:51:41a straight horizontal line

00:51:43as if one was writing

00:51:44a figure seven,

00:51:46whereas all the other

00:51:47threes are well-rounded.

00:51:48Have you noticed that?

00:51:50No, I can't say I have.

00:51:52I see that, Dean.

00:51:57Mr. Porton,

00:51:58has this record been altered?

00:52:00Not as far as I'm aware,

00:52:01my Lord.

00:52:03But then,

00:52:03I saw it for the first time today.

00:52:07I was given the information

00:52:08verbally

00:52:08and accepted it

00:52:10as being accurate.

00:52:10In whose handwriting is this?

00:52:12Well, the whole book

00:52:13has been made out

00:52:13by the site foreman,

00:52:15Mr. Walker.

00:52:17I see.

00:52:19I'll carry on, Mr.

00:52:20Oblige, my Lord.

00:52:21Oh, where was this register

00:52:23kept, Mr. Porton?

00:52:24At the site.

00:52:26In Mr. Walker's office.

00:52:27No, I mean when

00:52:28the bridge was completed.

00:52:29Oh, it was filed away

00:52:30with all the other records

00:52:31as usual.

00:52:31In your office?

00:52:33Well, not in my office itself.

00:52:34In the same building, yes.

00:52:36Was it freely available?

00:52:38Oh, yes.

00:52:40The accounts department

00:52:40often had to refer

00:52:41to the register

00:52:42for several years

00:52:43after a job

00:52:43has been completed.

00:52:45National insurance tax query,

00:52:47is that something?

00:52:48So, had you wished to,

00:52:49you yourself

00:52:50could have gained access

00:52:51to that register.

00:52:52But, my Lord,

00:52:52I really must protest.

00:52:54Quite so, Mr. Lloyd.

00:52:55Miss Tate,

00:52:55are you in possession

00:52:56of evidence

00:52:56that we have not yet heard?

00:52:58No, my Lord.

00:52:58I merely wish to emphasise

00:53:00the fact that the register

00:53:01was available to everyone

00:53:02from office boy

00:53:03to managing director.

00:53:04Then your question

00:53:05was most unfortunately phrased.

00:53:07Mr. Porton has already said

00:53:08the book was freely available.

00:53:10I apologise, my Lord.

00:53:11I'll withdraw the question.

00:53:12More important,

00:53:13members of the jury,

00:53:14you will immediately dismiss

00:53:15from your minds

00:53:16the implications

00:53:16contained in that question.

00:53:18Mr. Porton,

00:53:20I previously asked you

00:53:22if the penalty clause

00:53:22on your contract

00:53:23was covered by any form

00:53:24of indemnity

00:53:25and you said you weren't sure

00:53:26but you thought

00:53:27it must have been.

00:53:28Now, have you had a chance

00:53:29since to check this point?

00:53:31Yes, as a matter of fact,

00:53:32I have.

00:53:33It seems I was completely wrong.

00:53:35My accountants and I

00:53:35tell me that we didn't

00:53:37take out an indemnity

00:53:38because the penalty clause

00:53:39was small

00:53:39and also we'd obtained

00:53:40a long completion date.

00:53:42On top of all this,

00:53:43in the initial costing,

00:53:44we had overestimated

00:53:45on man hours

00:53:46and that in itself

00:53:47was an insurance.

00:53:48Mr. Porton,

00:53:49do you think you could

00:53:49explain that in layman's terms

00:53:51so we could all understand?

00:53:52I'm sorry.

00:53:53Well, in the initial costing,

00:53:56we had estimated

00:53:58that a workforce

00:53:58of, say,

00:53:59ex-men

00:54:00could finish the work

00:54:02in 18 months.

00:54:04Later examination

00:54:05proved

00:54:06that there was a mistake.

00:54:09The same workforce

00:54:10could finish a job

00:54:11in 17 months.

00:54:13So, as we had time in hand,

00:54:15it was thought

00:54:15that we could dispense

00:54:16with the indemnity.

00:54:17I see.

00:54:18But despite this initial error,

00:54:20you were still behind schedule

00:54:22on March the 15th,

00:54:23were you not?

00:54:24Yes,

00:54:25but as I've already explained,

00:54:26with a contract this size,

00:54:28one is constantly

00:54:29either ahead

00:54:29or behind schedule.

00:54:30It was just

00:54:30a slight setback,

00:54:32that's all.

00:54:32Oh, and holy colly,

00:54:33it's a slight setback,

00:54:34Mr. Porton.

00:54:35You'd not only lost

00:54:35your initial month's grace,

00:54:37but you were behind schedule

00:54:37as well.

00:54:39Well, the important thing is

00:54:40that the bridge

00:54:41was finished, surely.

00:54:43But you were not to know

00:54:44this on March the 15th,

00:54:45Mr. Porton.

00:54:47Now, in your own admission,

00:54:48the road contractors

00:54:49were anxious

00:54:50and needed reassuring.

00:54:51There was this penalty clause

00:54:52hanging over your head,

00:54:53which we now discover

00:54:54was covered by

00:54:55no form of indemnity.

00:54:56But at that particular time,

00:54:57I was completely unaware

00:54:58of this fact.

00:54:59I've only just...

00:55:00Oh, come now, Mr. Porton.

00:55:01You're not asking us

00:55:02to believe that you,

00:55:03the managing director

00:55:04of the company,

00:55:05didn't know

00:55:05such an important fact?

00:55:07Well, I assure you

00:55:08that it is so.

00:55:10Details like this,

00:55:11the day-to-day running

00:55:12of the company,

00:55:13I leave to my managers.

00:55:14My function is

00:55:15purely administrative.

00:55:16So much so

00:55:16that you call

00:55:18at one of your sites

00:55:20to have a discussion

00:55:20at eight o'clock at night

00:55:22with the site foreman?

00:55:23I called at the site

00:55:25simply because

00:55:25it was on my way.

00:55:26I'd heard a gale warning

00:55:28and I wondered

00:55:29whether the bridge

00:55:29had been linked up.

00:55:30But it was as simple as that.

00:55:32Ah, yes.

00:55:32This, um...

00:55:33This gale warning

00:55:34that never was.

00:55:35Now, you say you heard it

00:55:36on the radio, I believe.

00:55:38Yes.

00:55:38At what time?

00:55:39About six o'clock.

00:55:41Now, the meteorological office

00:55:43who issue these, um...

00:55:44information,

00:55:45which is broadcast,

00:55:47gave no gale warning

00:55:48that day

00:55:48for the Karen area

00:55:49of either Force 8

00:55:50or Force 9.

00:55:52I don't understand.

00:55:53I think you understand

00:55:55very well, Mr. Porton.

00:55:56Miss Tate,

00:55:56just what is the status

00:55:57of this document

00:55:58for the purposes

00:55:59of the rules of evidence?

00:56:00The document has been agreed

00:56:02between the party's solicitors,

00:56:03my lord.

00:56:03You mean the facts

00:56:04have been agreed?

00:56:04Yes, my lord.

00:56:05Then I should like

00:56:06the witness, the jury,

00:56:07and Mr. Lloyd

00:56:08to have copies, please.

00:56:14Well, Mr. Porton,

00:56:15do you see any Force 8

00:56:17or Force 9 gale

00:56:18for the Karen area?

00:56:23Well, no.

00:56:24Of course you don't.

00:56:25Because it was pure invention

00:56:26on your part, wasn't it?

00:56:28No, no, no.

00:56:28I heard it.

00:56:29I swear I did.

00:56:30I suggest that you fabricated

00:56:32this whole story

00:56:33in order to get your own way

00:56:34and get the men back

00:56:35to work that night.

00:56:36No, no, no.

00:56:37Look, there must be

00:56:38some mistake.

00:56:38The only mistake

00:56:39as far as you're concerned,

00:56:40Mr. Porton,

00:56:41is that we took the trouble

00:56:42to check this mythical gale.

00:56:44No, no, I heard it.

00:56:45Well, I'd like to move on now,

00:56:46if we may, please.

00:56:47Ah, I'm here, I see.

00:56:47Mr. Porton...

00:56:48No, please, my lord.

00:56:49I think the witness

00:56:50should be allowed to speak, mister.

00:56:51Of course, my lord.

00:56:52Well, it's here.

00:56:54Force 8, increasing to 9.

00:56:56Shannon area.

00:56:58Shannon.

00:56:58You see, I obviously misheard him,

00:57:00so he said Karen.

00:57:01I mean, Shannon and Karen

00:57:02sound very similar.

00:57:04Do they?

00:57:06Well, yes.

00:57:07Yes, of course they do.

00:57:09Well, I'd like to go back now

00:57:11to your meeting with Mr. Walker

00:57:12on the night of March the 15th.

00:57:15Now, Mr. Walker states

00:57:16that you sort of suggested

00:57:17that the men should go back to work.

00:57:20That's quite untrue, madam.

00:57:22I neither said, suggested,

00:57:23nor implied any such thing.

00:57:25I would have only asked the men

00:57:26to go back to work

00:57:27if the weather had to derail to such a degree

00:57:30that the bridge was in danger.

00:57:31Then why raise the matter

00:57:33of the impending gale at all?

00:57:35Well, because there was a possibility

00:57:37that we might have to take action.

00:57:38I was merely forewarning him.

00:57:40Well, are you saying then

00:57:41that Mr. Walker misunderstood you,

00:57:42that he took the reference to the future

00:57:44as referring to the present?

00:57:45No, he understood me very well.

00:57:47I mean, that is why we agreed

00:57:49that if the gale blew up,

00:57:50he'd send the men up at first light.

00:57:52Of course, Mr. Walker

00:57:54has viewed this conversation

00:57:55very differently.

00:57:56He even suggests that there was

00:57:57an implication of promotion

00:57:58on your part.

00:57:59Yes, I heard him.

00:58:00The only talk of promotion

00:58:03that night came from Mr. Walker.

00:58:05As I was leaving,

00:58:06he asked me

00:58:07whether I had made any decision yet.

00:58:09And how did you answer?

00:58:10I told him I hadn't made up my mind.

00:58:13At that time,

00:58:13we were considering another man.

00:58:15Walker knew this.

00:58:16So you're saying

00:58:16that you made no promise to Walker,

00:58:18either veiled or otherwise?

00:58:20Definitely not.

00:58:21And yet the fact still remains,

00:58:22Mr. Porton,

00:58:22that Mr. Walker

00:58:23was in fact promoted

00:58:25one month later.

00:58:26He was a better man, that's all.

00:58:28A man with the company's interest.

00:58:30at heart.

00:58:31I meant that he was

00:58:32better suited to the position.

00:58:34Nothing else.

00:58:36Now these, um,

00:58:38these safety belts,

00:58:39are they expensive?

00:58:42Well, for what they are,

00:58:44and considering they're hardly ever used,

00:58:45yes, I suppose they are.

00:58:46But of course,

00:58:46you're compelled by law

00:58:47to provide them, aren't you?

00:58:49So I suppose you were rather annoyed

00:58:50when they were stolen?

00:58:52Annoyed? No.

00:58:53Equipment is frequently stolen

00:58:55from a site.

00:58:56It's one of the recognisable hazards.

00:58:58Oh, but surely,

00:58:59being the astute businessman

00:59:00that you are,

00:59:00you wouldn't just sit back

00:59:01and let all this pilfering

00:59:02go ununchecked.

00:59:03You'll surely have done

00:59:04something about it.

00:59:05Of course.

00:59:06In this case,

00:59:06I suggested to Walker

00:59:07that he got the men

00:59:08to sign for the belts

00:59:09when he had them,

00:59:10so that he could

00:59:11keep a check on them.

00:59:11You mean that a man

00:59:12would ask Mr. Walker

00:59:13for a safety belt,

00:59:14he would issue it,

00:59:15and then they would sign for it.

00:59:17I didn't go into the details.

00:59:19It was merely a suggestion

00:59:20I threw out

00:59:21when I heard of the theft.

00:59:22Walker knew as well as I did

00:59:24that the belts

00:59:25had to be freely available.

00:59:27All I know is

00:59:28that whenever I was

00:59:29on the site,

00:59:30they were.

00:59:31And yet Mr. Walker

00:59:32says that it was

00:59:33frequently locked.

00:59:35I put it to you,

00:59:36Mr. Porton,

00:59:37that you were so annoyed

00:59:38about the theft

00:59:39of these safety belts

00:59:40that you ordered a lock

00:59:41to be put on that door.

00:59:42No, madam.

00:59:43Well, are you saying

00:59:44that Mr. Walker

00:59:45put the lock on the door

00:59:46on his own authority?

00:59:47Well, he certainly

00:59:47didn't do it on mine

00:59:48or on the authority

00:59:49of anybody in my company.

00:59:50Nevertheless,

00:59:50you do admit

00:59:51that there was

00:59:52a lock on this door.

00:59:53As there is on any store.

00:59:54And if the door is locked,

00:59:55then how can these belts

00:59:56have always been

00:59:57freely available?

00:59:58Well, because when

00:59:58the shed is always open

01:00:00when the men are on duty.

01:00:01You can swear to that

01:00:02always?

01:00:04Well, of course

01:00:05I can only actually

01:00:06swear to what I have seen.

01:00:09All I know is

01:00:11that whenever

01:00:11I was at the site,

01:00:13the shed was open

01:00:14and the belts

01:00:14were available.

01:00:15I've already said this.

01:00:16But you were not

01:00:17at the site

01:00:18when the men

01:00:19went back to work,

01:00:20Mr. Porton.

01:00:20No.

01:00:22And yet when Morgan

01:00:23accuses Walker

01:00:23in front of you,

01:00:24you glibly tell him

01:00:25to go and check

01:00:26the safety belt shed

01:00:27for himself.

01:00:28Now, how could you know

01:00:29that it was open?

01:00:33Well, because I heard

01:00:34him say so.

01:00:35I took his word for it.

01:00:37I mean,

01:00:37I'd employed a man

01:00:38for years.

01:00:39I trusted him.

01:00:40All I knew about Morgan

01:00:41was that he was

01:00:42a troublemaker,

01:00:42a communist.

01:00:43A man was obviously

01:00:44trying to stir things up.

01:00:45He's a born agitator.

01:00:46You certainly don't

01:00:48like Mr. Morgan,

01:00:49do you?

01:00:50No, Adam,

01:00:50I'm afraid I don't.

01:00:51And then I'm sure

01:00:52he doesn't like me.

01:00:54So on the word

01:00:54of your trusted employer,

01:00:56on his word alone,

01:00:58you tell Morgan

01:01:00to go and see

01:01:01for himself

01:01:02that the safety belt

01:01:02shed is open.

01:01:03Yes?

01:01:04You really must have

01:01:05been very certain

01:01:05of Mr. Walker.

01:01:07Or had you,

01:01:08in fact,

01:01:09been near the safety

01:01:10belt shed yourself

01:01:11that night?

01:01:11No.

01:01:12Or did you know

01:01:13that the shed was open

01:01:14because you'd asked

01:01:15Walker to open it?

01:01:16No.

01:01:17And yet George Walker,

01:01:19your trusted employer,

01:01:20employee,

01:01:21the man who you promoted,

01:01:23the man on whose word

01:01:24you trust,

01:01:25has stated on oath

01:01:26that he unfastened

01:01:28that safety belt

01:01:28shed on your order.

01:01:30Now why?

01:01:31Why should he invent

01:01:32such a story?

01:01:34By saying this,

01:01:36he has absolutely

01:01:37nothing to gain,

01:01:38rather a lot to lose.

01:01:40Now can you give

01:01:41the court

01:01:41one valid reason

01:01:43why we should believe

01:01:44your story

01:01:45rather than his?

01:01:47Can you,

01:01:48Mr. Porton?

01:01:49Yes, madam,

01:01:49I can.

01:01:53I'm sorry to have

01:01:53to say this in public,

01:01:55but I feel

01:01:57that the whole thing

01:01:58is an act

01:01:59of pure vindictiveness

01:02:01on his part.

01:02:01the truth of the matter

01:02:04is that his promotion

01:02:06was a mistake.

01:02:08I've known for some time

01:02:09now that he's

01:02:09simply not equipped

01:02:11for management.

01:02:13I think he must have heard

01:02:14that I was looking for someone

01:02:15to fill his position.

01:02:17His pride was hurt.

01:02:19He wanted to hit back

01:02:20and harm the company

01:02:21as much as he possibly could.

01:02:22unfortunately,

01:02:25he was not to know

01:02:26that he would have been

01:02:27retired on full pension.

01:02:30I believe

01:02:31that that is the only

01:02:33explanation of his

01:02:34incredible behaviour.

01:02:36Mr. Lloyd,

01:02:47Mr. Tate,

01:02:49will you concede

01:02:50that there is really

01:02:51only one issue

01:02:52in this case,

01:02:53and that is

01:02:53whether or not

01:02:54the men went up

01:02:55onto the bridge

01:02:55that night

01:02:56in defiance

01:02:57of express instructions?

01:02:59Mr. Lloyd,

01:03:00would you like

01:03:00to answer first?

01:03:01The Lord,

01:03:02I really must concede

01:03:03that is the position.

01:03:04I agree

01:03:05that is the position,

01:03:06my Lord.

01:03:07Yes, thank you.

01:03:10Members of the jury,

01:03:11before Council

01:03:13address you,

01:03:13I should like

01:03:14to clarify matters

01:03:15if I can.

01:03:17The law is

01:03:18that an employer

01:03:19must take reasonable care

01:03:21for the safety

01:03:22of his employees.

01:03:24In addition,

01:03:25it has been laid down

01:03:26by Parliament

01:03:26that an employer

01:03:28must abide

01:03:29by certain

01:03:30safety regulations.

01:03:33Mr. Lloyd,

01:03:33for the defendants

01:03:35concedes that

01:03:36if the men

01:03:36were sent up

01:03:37onto the bridge

01:03:38that night

01:03:38after they had

01:03:39worked a 12-hour day

01:03:40and without safety nets

01:03:42and so on,

01:03:43then the defendants

01:03:44were failing

01:03:44in their duty

01:03:45to their employees

01:03:46and in particular

01:03:47to Mr. Stevens.

01:03:50However,

01:03:50the liability

01:03:51of an employer

01:03:52ceases outside

01:03:53the scope

01:03:53of employment.

01:03:55So if it is a fact

01:03:56that the men

01:03:57went up onto the bridge

01:03:58in defiance

01:03:59of express instructions,

01:04:01the defendants

01:04:02cannot be held

01:04:03to be responsible.

01:04:07Mr. Lloyd,

01:04:08perhaps you would like

01:04:08to go on now,

01:04:09would you?

01:04:13Members of the jury,

01:04:15in an action

01:04:15such as this,

01:04:16the defendant

01:04:17is always placed

01:04:18in the unenviable position

01:04:19that in contesting

01:04:20the case,

01:04:21he may appear callous

01:04:22or unfeeling

01:04:23in the eyes of the world.

01:04:25This is, of course,

01:04:26not so.

01:04:26The management

01:04:27of the defendant

01:04:27company

01:04:28has as much

01:04:29personal sympathy

01:04:29for Jack Stevens

01:04:30as you or I.

01:04:32But the law

01:04:33only awards damages

01:04:34where there is fault

01:04:36and for no other reason.

01:04:38Therefore,

01:04:39we must concern ourselves

01:04:40with the facts

01:04:40and with nothing else.

01:04:43Unfortunately,

01:04:44we've had a long,

01:04:45irrelevant debate

01:04:46on how accident-prone

01:04:48the company is.

01:04:49The simple facts

01:04:50are that over ten years

01:04:51it has a much better

01:04:52than average record

01:04:53on accidents,

01:04:53over three years

01:04:54a slightly worse one.

01:04:56We've had a long debate

01:04:57on Jack Stevens' real age

01:04:59with the passing round

01:05:01of registers,

01:05:01threes looking like sevens,

01:05:03et cetera.

01:05:04But the simple fact

01:05:05is that Jack Stevens

01:05:06was 48 years old

01:05:08when he fell off the bridge.

01:05:10We've had a long,

01:05:11involved session

01:05:13on the safety belt shed.

01:05:15But the relevant facts here

01:05:17are that the company

01:05:18had met its lawful obligations

01:05:20by providing safety belts

01:05:21at the site,

01:05:22that no one

01:05:24on the night in question

01:05:25at any point

01:05:26asked Walker

01:05:27for a safety belt

01:05:28and that no man

01:05:29was ordered to

01:05:30or forced

01:05:31to go up without one.

01:05:33It really doesn't take that long

01:05:35to open a shed.

01:05:36Which brings us

01:05:37to the central

01:05:38and the crucial point

01:05:39of why the men

01:05:40were on the bridge anyway.

01:05:42Now this gang

01:05:43had a very strong charge hand

01:05:45and active union man

01:05:46in Mr Morgan

01:05:47who has fully demonstrated

01:05:49his volatile personality

01:05:51at great length

01:05:52throughout this case

01:05:53and I maintain

01:05:54that it is absolute nonsense

01:05:56to suggest

01:05:57that Morgan's crew

01:05:58sheepishly went back to work

01:06:00because Walker

01:06:00had ordered them.

01:06:02Because I believe

01:06:03if a man like Morgan

01:06:04really was against

01:06:05going back to work

01:06:06there would be literally

01:06:07no way you could make him

01:06:09and I certainly

01:06:10wouldn't like to try.

01:06:12Yet it is a fact

01:06:13that he did go back.

01:06:15Now could it be

01:06:16that whereas an order

01:06:18or a suggestion

01:06:19from Walker

01:06:19would surely fail.

01:06:22A taunt

01:06:22from Jack Stevens

01:06:24might succeed.

01:06:26Come on little boy

01:06:27the men are going

01:06:29back to work.

01:06:31Now let us ask

01:06:32why Jack Stevens

01:06:34actually fell

01:06:35off that bridge.

01:06:37My learned friend

01:06:38has gone to great lengths

01:06:39to show there was

01:06:39no gale on the night

01:06:41and that working conditions

01:06:42were therefore normal

01:06:42so we know

01:06:43he wasn't blown off.

01:06:45It is a fact

01:06:46that Jack Stevens

01:06:47is 20 years older

01:06:48than his wife.

01:06:50It is a fact

01:06:50that Thomas Morgan

01:06:52regularly took out

01:06:53Mrs Stevens.

01:06:54The exact nature

01:06:55of their relationship

01:06:55I'll let you decide.

01:06:57It is a fact

01:06:58that Stevens

01:06:59rowed with

01:06:59and fought Morgan

01:07:01less than 24 hours

01:07:02before the fall.

01:07:03It is a fact

01:07:04that Stevens

01:07:05was seen

01:07:06rubbing his left arm

01:07:07which later revealed

01:07:08torn ligaments.

01:07:10And it is a fact

01:07:10that despite this injury

01:07:12he deliberately

01:07:13walked across

01:07:14the top of the girder

01:07:15rather than straddle it

01:07:16the most dangerous

01:07:17way to cross.

01:07:18And it is a fact

01:07:19that within minutes

01:07:21of climbing that bridge

01:07:22Jack Stevens

01:07:23had consumed

01:07:24enough alcohol

01:07:25to fail a police

01:07:26breathalyzer test.

01:07:29And it is a fact

01:07:30regrettably

01:07:31he fell off the bridge.

01:07:33I submit

01:07:34that this accident

01:07:35however tragic

01:07:36was hardly solely

01:07:38the company's

01:07:39responsibility

01:07:40nor caused

01:07:41as a direct result

01:07:43of their negligence.

01:07:45so I must ask you

01:07:46on the facts

01:07:47to reject

01:07:48the plaintiff's claim.

01:07:52Members of the jury

01:07:53we have been told

01:07:55that statistics prove

01:07:56that one million pounds

01:07:58worth of business

01:07:59cost the life

01:07:59of one man.

01:08:01A cold hard fact

01:08:02in this

01:08:03high risk business.

01:08:06But we cannot dismiss

01:08:07the plight of Jack Stevens

01:08:09so simply.

01:08:10He is not

01:08:11a statistic

01:08:12but a helpless

01:08:12shadow of a man

01:08:14now totally

01:08:15dependent on others

01:08:16for the rest

01:08:17of his life.

01:08:18We have heard

01:08:19numerous versions

01:08:20and reasons

01:08:21for this accident

01:08:21but I ask you now

01:08:22to consider

01:08:23just these few

01:08:24basic things.

01:08:26Firstly

01:08:26Porton was under

01:08:28great pressure

01:08:29to get that bridge

01:08:30finished.

01:08:32It was behind schedule

01:08:34and the penalty clause

01:08:35we now discover

01:08:36was not covered

01:08:37by any indemnity.

01:08:38a fact that Mr. Porton

01:08:40had strangely forgotten

01:08:42in the court.

01:08:43Secondly

01:08:44he stood to lose

01:08:45control of the company

01:08:47if another loss

01:08:48was shown.

01:08:49And thirdly

01:08:50the gale warning.

01:08:53Now whether

01:08:53he genuinely

01:08:54believed this or not

01:08:55is not the issue.

01:08:56What is important

01:08:57that his concern

01:08:58for the project

01:08:59was such

01:09:00that he saw fit

01:09:02to visit that site

01:09:03at eight o'clock

01:09:04at night.

01:09:05Now members of the jury

01:09:06if you were

01:09:06in his position

01:09:07would you have been

01:09:09merely disappointed

01:09:10that the bridge

01:09:11had not linked up

01:09:11or would you have

01:09:13rather tried

01:09:14to do something

01:09:15about it?

01:09:17I put it to you

01:09:18that pressure

01:09:19was put upon

01:09:21these men

01:09:21to return to work

01:09:22whether directly

01:09:23or indirectly

01:09:24although they were

01:09:26ill prepared

01:09:26to do so

01:09:28after a twelve hour

01:09:30shift.

01:09:31It is my submission

01:09:32that Porton

01:09:33Construction Company

01:09:35is morally responsible

01:09:36for this accident

01:09:37and should compensate

01:09:39the victims accordingly.

01:09:44Members of the jury

01:09:45you have now heard

01:09:47the evidence

01:09:47of both plaintiff

01:09:49and defendant

01:09:49and while this

01:09:51has been most ably

01:09:52presented by learned

01:09:53counsel

01:09:53it has also been

01:09:55conflicting

01:09:55to a degree.

01:09:57Many issues

01:09:57have been raised

01:09:58some you may consider

01:09:59to be irrelevant

01:10:00others more important.

01:10:02However

01:10:02as I have already

01:10:03told you

01:10:04there is really

01:10:05only one issue

01:10:06for you to consider

01:10:07and that is

01:10:08whether or not

01:10:09those men went up

01:10:10onto the bridge

01:10:11that night

01:10:11in defiance

01:10:12of a direct

01:10:13prohibition

01:10:15by Mr Walker.

01:10:18In other words

01:10:19who is lying?

01:10:22Is it Mr Walker

01:10:22or Mr Porton

01:10:24or Mr Morgan?

01:10:26Because it is sure

01:10:27that only one of these men

01:10:28can be telling the truth.

01:10:30And when you choose

01:10:31between the evidence

01:10:32of these three men

01:10:33remember their demeanour

01:10:34in the witness box

01:10:35and ask yourselves

01:10:36who was honest?

01:10:37Who prevaricated?

01:10:39Whose evidence

01:10:40on all points

01:10:41had the ring of truth

01:10:41about it?

01:10:43I must remind you

01:10:45that in a civil case

01:10:45of this sort

01:10:46the burden of proof

01:10:47is on the plaintiff.

01:10:49So if you have difficulty

01:10:50in making up your minds

01:10:51on any point of doubt

01:10:53it must be resolved

01:10:55in favour

01:10:56of the defendants.

01:10:58Will you now retire

01:11:00and consider your verdict?

01:11:01All stand.

01:11:10Members of the jury

01:11:11will your foreman

01:11:11please stand.

01:11:13Just to answer

01:11:14this question

01:11:14yes or no

01:11:16have you reached a verdict

01:11:16upon which you are

01:11:17all agreed?

01:11:18Yes.

01:11:19Do you find for the plaintiff

01:11:20or the defendant?

01:11:22For the plaintiff.

01:11:23Is that the verdict

01:11:23of you all?

01:11:24Yes.

01:11:25Jack Stevens

01:11:37was awarded

01:11:38£35,000 in damages.

01:11:40Next week

01:11:41a chance to join

01:11:42another jury

01:11:42in assessing the facts

01:11:43when our cameras return

01:11:44to watch a leading case

01:11:45in the Crown Court.

01:11:47ask for some

01:12:01you

01:12:03you

01:12:05you

01:12:06you

01:12:07you

01:12:08you

Crown Court - Credibility Gap (1973)

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