Day 098 - 07 Mar 95 - Page 64
1 was a month ago; if not it was more recent, but certainly
2 not later than 17th February because that was the last day
3 we were in court before I delivered my Ruling on 27th.
4
5 MR. RAMPTON: Yes.
6
7 MR. JUSTICE BELL: An enquiry is being made as to what the
8 results of that further enquiry, maybe possibly four weeks
9 ago and certainly probably more than three, as to McKey's
10 attitude to disclosing and what, in fact, they have got to
11 disclose.
12
13 MR. RAMPTON: My Lord, that enquiry has been made. McKey's have
14 had a copy of your Lordship's Ruling (or the relevant part
15 of it) and I am awaiting to hear from them. I have no
16 doubt if they have done the work they can be faxed down
17 fairly speedily.
18
19 MR. JUSTICE BELL: I do think there is an element of urgency
20 about it. What is the situation if the Defendants ask for
21 a subpoena duces tecum of someone like Mr. David Walker to
22 bring him back with the documents? Can they obtain a
23 subpoena? Does it have to be at my leave? Can he apply to
24 have it set aside?
25
26 MR. RAMPTON: He can always apply to have it set aside, yes, of
27 course he can. I am not sure what happens once a trial has
28 begun.
29
30 MR. JUSTICE BELL: It is a long time since I have had one.
31
32 MR. RAMPTON: In the ordinary way, before a trial has begun one
33 does not need leave. One simply goes to the Crown Office
34 and gets one, but it can always be set aside if the court
35 thinks it is oppressive; on the application, not of the
36 party in the action but of the person subpoenaed.
37
38 MR. JUSTICE BELL: Let us complete the other documents which you
39 have in mind. Are there ones apart from that, particularly
40 related to Mr. Kenny's evidence?
41
42 MR. MORRIS: Just the documents that Mr. Rampton referred to, if
43 this is it, then this is it. If they are saying -----
44
45 MR. JUSTICE BELL: What you want is an answer to that enquiry?
46
47 MR. MORRIS: Yes. The point is, according to this for Quarter
48 the Pounder hamburger there were only three samples taken
49 for the whole of McKey's, according to the one they have
50 disclosed. I cannot believe that is the full day's result.
51
52 MR. JUSTICE BELL: For the purpose of the point you are raising
53 the matter it does not matter whether that is so or not.
54 You are just saying it was said in court that an enquiry
55 would be made; it was said in court probably more than
56 three weeks ago and possibly as long as a month ago, and
57 you want to know what the answer is.
58
59 MR. MORRIS: Yes.
60
