Railways Lose Appeal
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A LTHOUGH it did not agree with the I-A North Western deputy Licensing Authority's reasoning, it thought he had arrived at the right result in granting an addition of three vehicles to the A licence of Northern Ireland Trailers Ltd., the Transport Tribunal said last week.
Dismissing an appeal by British Railways, the Tribunal said it appeared that the deputy Authority had attached too much weight to an affidavit put in by a Dr. Deeny, who was the marketing manager of the Eire Pigs and Bacon Commission. In his affidavit Dr. Deeny stated: "After considerable research into the economic and other problems the Pigs and Bacon Marketing Board has decided to distribute its bacon in Great Britain by road transport." Exhibited to the statement was a report by a survey team on the bacon and pig-meat industry.
The Tribunal, in its judgment, said that although Dr. Deeny's statements were made on oath, it did not appear that their evidential value was very much greater than if they had been contained in a letter. It would have been more helpful if Dr. Deeny had given evidence and if he could have been cross-examined. The Tribunal was unable to find in the report the categorical statements with regard to delivery by road which the Authority had stated it had contained. Nevertheless, it had come to the conclusion that the evidence of Mr. Donkin, assistant general manager of Northern Ireland Trailers, unsupported by Dr. Deeny's affidavit, was sufficient to make out a good prima facie case.
Dealing with the contention put forward by British Railways that the bacon traffic ought to be treated as new traffic, since it was the result of new arrangements, the Tribunal said that it was but an increase in the existing traffic which they had been handling.