Day 099 - 08 Mar 95 - Page 79
1 "unsatisfactory" which is the word which appears only in
2 the McKey's specification so far as I aware.
3
4 MS. STEEL: It is actually in his statement as well.
5
6 MR. MORRIS: It appears in his statement with "10 million".
7
8 MR. JUSTICE BELL: I have heard it said that what another
9 witness has said should never be put to the witness in the
10 witness box in cross-examination. It is not something
11 which I personally necessarily adhere to, but if it has a
12 justification it is because the person in the witness box
13 cannot get into the mind of the witness who has already
14 given evidence. What I suggest is, by all means ask
15 Mr. Kenny if he wishes to reconsider his evidence. If he
16 does not then I have got of evidence from Mr. Walker,
17 I have evidence from Mr. Kenny, and I will just have to
18 come to a conclusion as to what the real situation is and
19 where it takes me in the case, if at the end of the day it
20 is relevant to the issue. You have given him an
21 opportunity to deal with that.
22
23 MR. MORRIS: So your position is that if raw meat in an
24 unsatisfactory condition by your standards, by McKey's
25 standards, is in fact accepted, which it is or has been
26 evidence has been given ----
27
28 MR. RAMPTON: My Lord, I am sorry.
29
30 MR. MORRIS: It has been given clearly.
31
32 MR. RAMPTON: I must make an objection. There are two different
33 standards.
34
35 MR. JUSTICE BELL: There are two different standards. One is
36 twice the other and the one which is half the other is in
37 relation to raw product, and the one which is twice the
38 other is in relation to the process finished product which
39 goes from McKey to the distribution centre. So far as
40 I can see, looking at the transcript, Mr. Walker was
41 talking about raw meat which comes into his plant, and so
42 in so far as he was talking about it being unsatisfactory
43 it was because it was above 5,000,000 a gramme.
44
45 MR. MORRIS: I think he was saying 10 million.
46
47 MR. JUSTICE BELL: That does not mean that it will be unless you
48 point at the end of the day to evidence to the contrary,
49 but that does not mean that it will be above 10 million to
50 the gramme when it goes over to the distribution centre, 10
51 million to the gramme being the McDonald's standard. I do
52 not read the transcript you have referred to as meaning
53 that they send off to the distribution centre processed
54 beef which is in excess of McDonald's 10 million to the
55 gramme. You may very well be right. Indeed at the moment
56 that is the way I read it, but from time to time they
57 accept into their plant raw meat which is more than
58 5,000,000 to the gramme and they have a league table so far
59 as that is concerned to try to shame their suppliers into
60 better performance next time.
