list 10 great cross examination questions that I could ask Mr Kevin Callaher. think strategically.

Statement of Leonie Narelle Smith | am a Senior Enforcement Officer of the Auckland Council. | hold an MSc. degree from the University of Otago. | have been employed by the Council for 11 years. On Tuesday 22 September 20xx1, at about 10.15am, | received a complaint from Mr Ben Black, a Council Enforcement Officer, about a fish kill in the Otara Creek. | arranged to meet Mr Black at Otara Creek at 3pm that day. Mr Black showed me the dead fish and then the drums. One drum was empty and the other drum was still sealed. The empty drum still had substantial traces of a white powder, some of which | scooped out and placed in a sample bag. We walked upstream from the drums. | took a sample of the water in the creek 100m upstream from the drum. | also took a sample of water at the spot directly below the drum, and another water sample 50 metres downstream from the drum. | also collected two dead fish, one upstream and one downstream. | then arranged for Dangerous Disposals Limited to remove the drums. | returned to my office and stored the samples overnight in the office sample fridge. The next morning, Wednesday 23 September 20xx-1,] arranged for the samples to be delivered by courier to the ESR laboratory for testing for a range of toxic elements. The results were reported to us on 25 September 20xx1, and showed the results of mercury testing. They were: Water sample from above the drums upstream inconclusive for mercury Water sample from downstream inconclusive for mercury Water sample from near the drum - slightly-elevated mercury levels but below WHO- acceptable levels Sample of white powder a chemical residue containing mercury Fish flesh mercury present in more-than-WHO-acceptable levels. The results certainly suggested to me that at some stage there was mercury in the water of the creek and that is how the fish were killed. | would not have expected there to be any lingering trace in the water sample from the creek, unless the mercury was still being let into the creek at the time. When the powder was discovered to contain mercury, | made contact with CUL, because | was aware from previous audits of CUL that mercury is used in the manufacture of cyanide, and that CUL is one of only three manufacturers of cyanide in Auckland region, and the only one in East Tamaki, and the vehicle registration search disclosed that a white utility registration BAC560 was owned by CUL. None of the manufacturers has ever been given permission to dispose of mercury other than in properly sealed containers in one of the designated hazardous substances areas with consent to accept such substances. At about 2.30pm on Wednesday 30 September | visited the premises of CUL at 36 Flatbush Road, East Tamaki. | spoke to Mr Kevin Callaher, the Managing Director. | produced my warrant pursuant to s 332(3) of the RMA. | would describe Mr Callaher as tall, at least 1.8m (6 feet) tall, and with thinning grey hair and a beard. | made brief notes of my conversation with him at the time, and later wrote these up as follows: | said: [name/position] | would like to speak to you about two drums of a chemical residue containing mercury which were found dumped near the Otara Creek. He said: Oh my God, that's shocking [etc]. Come in to my office and tell me about it. | said: [Thanks, coffee etc] CUL's the only manufacturer of cyanide in East Tamaki and uses mercury in the production of cyanide? He said: That is correct. Why, do you suspect mercury? | said: How do you dispose of any residue containing mercury? He said: It's removed by an authorised disposal company. [Receipts]. He pulled some receipts out of his filing cabinet. They were all dated September 20xx1, the latest being the previous Friday, 18th. They were from Dangerous Disposals and were for the disposal of one 200 litre drum containing up to 175kg of chemical residue. | said: How has business been lately? Have you been finding it as difficult as everyone else? He said: No worse, but no better either. Costs have gone up right across the board, and the high kiwi dollar has been killing us. | said: So did you arrange for some residue to be dumped on the bank of the Otara Creek in Otara? He said: Are you serious? This is my livelihood we're talking about! I'd never do that! | then asked: Do you or any of your workers drive a white utility vehicle? He said: Yes, one of the company cars is a white ute. You can have a look if you need to, it's parked ouiside. | declined that offer, but | did ask for, and was supplied with, copies of the following materials: 1. Part of the log book for a white ute, registration number BAC 560. This indicates that Kevin Callaher took out the utility at about 5.30 pm on the evening of 21 September 20xx1. 2. Records of production outputs of CUL, indicating that it had manufactured substantially increased quantities of cyanide in the week prior to 21 September 20xx1 (sufficient to produce approximately 550kg of chemical residue and to require more than two 200 litre drums) 3. Records of receipts from Dangerous Disposals for all of September showing it removed one 200 litre drum of industrial waste at the end of the week before 21 September 20xx1. | have no recollection and my notes do not reflect that Mr Callaher offered to show me the alleged \"secure facility\" for storing mercury-containing toxic waste on CUL's premises. As a result of my qualifications and experience | am of the opinion that one of the drums found at the edge of the Otara Creek toppled or was pushed over, allowing the mercury-containing residue inside to leak into the Otara Creek. The resulting mercury in the river caused the fish kill. CHAIN OF CUSTODY RECORD Source/Owner AUCKLAND COUNCIL Name of Person who collected sample: LEONIE SMITH Signature of Person who collected sample: I Smith Priority (circle as appropriate) Normal Urgent Prosecution (Urgent samples may incur extra charges) Sample Site Date Time of Type of Site Remarks number 20xx-1 collection container location Water - Otara Creek 22-09- 3-4pm Tape-sealed Otara Analyse all Payne Domain at end sample Creek in samples of side path bottle Payne for Cu, Pb, Domain Zn, Cd, Hg 2 Water - Otara Creek 22-09- 3-4pm Tape-sealed Analyse all downstream from (1) 20xx-1 sample samples bottle for Cu, Pb Zn, Cd, Hg 3 Water - Otara Creek 22-09- 3-4pm Tape-sealed Analyse all upstream from (1) 20xx-1 sample samples bottle for Cu, Pb, Zn, Cd, Hg 4 White powder 22-09- 3-4pm Tape-sealed Analyse all 20xx-1 and snap samples lock plastic for Cu, Pb bag Zn, Cd, Hg 5 Fish (2) 22-09- 3-4pm Tape-sealed Analyse all 20xx-1 and snap samples lock plastic for Cu, Pb, bag Zn, Cd, Hg Relinquished by Date: Received by: Time received: Comments: (signature) 23-09- (signature) Note sample 5: two I Smith 20xx-1 RJ Brown 10.00am fish bodies in one bag Testing protocol Print name: HS134NZ67 to apply Rob BrownFax Confirmation of Samples Receipt This form to be completed by Laboratory Staff ONLY FROM: TO: ESR Laboratories | AC- attention Leonie Smith Fax Number: (09) 379-6235 Mount Albert, Auckland Fax: (09) 815-6666 Date: | 24/09/20xx~1 Samples received: 23 September 20xx1 10.00am Date and time Despatched by: Leonie Smith, Council Print name and organisation in full Samples received (continue on separate page if necessary): Comments (e.g. details of missing or damaged samples, incomplete documentation, protocols to be applied, etc) Project Code allocated: Laboratory job number: All samples received in good order? Y / N Appropriate documentation? Y /N Evidence of samples having been damaged or tampered with? Y /N All tape and seals intact? Y !/ N Signed by laboratory representative: Print name Bob Brown Signature: =/ EBrowi Date: 24 September 20xx1_ Time: 1640