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Duty supervisors not called as witnesses
Day 23. December 2, 2008. The judge in the Buncefield High Court trial today demanded to know why a supervisor on duty on the night of the disaster was not called as a witness.
Justice David Steel told the court it was a 'matter of enormous interest' to get a first hand account of what went on in the control room before the 2005 blast.
Neither of the two supervisors on duty - Graham Nash and Mr Forde - have been called as witnesses.
Mr Justice Steel said: "He (Mr Forde] was in the control room. He would know what Mr Nash was doing.
"Mr Forde was indeed the supervisor who would take over if Mr Nash went to the loo or went for some breakfast.
"It is a matter of enormous interest to know what he was doing, what he saw."
Total have admitted it was negligence on the part of Mr Nash that led to the overflowing fuel storage tank that caused the blast.
Andrew Bartlett, acting for Total, said no 'adverse inferences' should be made against Total for not calling the supervisors.
"These people were questioned at length and gave their evidence to the Health and Safety Executive at length," he told the hearing.
During a second day of Total's final submissions in the trial, the court was told that even if Total was found to be responsible for the blast, Chevron must still shoulder some of the costs.
The pair were partners in the joint venture Hertfordshire Oil Storage Limited (HOSL), but they have fallen out over who should foot the bill for the disaster.
Mr Bartlett said: "Responsibility for operational procedures such as tank filling procedures rests with HOSL, not Total off-site."
Residents and businesses are seeking damages of around 700million from Total and HOSL.
The trial continues.
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Friday 25 May 2012
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