Initially the tribunal decided not to call Robens to testify—they took his comment to the media about the existence of the spring being unknown as hearsay, and thought that his evidence could not help. The counsel for the families, Desmond Ackner, QC, attacked Robens for making the statement about the spring, saying it was "a public scandal"; he added that "at no stage throughout this Inquiry has the National Coal Board taken the initiative to correct this sentence". Ackner also criticised Robens's absence from the inquiry, saying that "no explanation has been proffered by or on behalf of Lord Robens and his absence, therefore, and in this regard has been conspicuous." The tribunal members decided that Robens should be able to defend his position and he was invited to attend. Under cross-examination by Ackner, Robens gave evidence inconsistent with that provided by the NCB, particularly on the point of whether the disaster was foreseeable; counsel for the organisation asked the tribunal to ignore Robens's testimony.