Day 205 - 17 Jan 96 - Page 39
1 since what he now says is essentially absolutely no
2 different from what he said in his original two statements
3 and in the witness box, namely this, that a visual
4 appearance of hygiene is no guarantee of absolute food
5 safety. That is not news to anybody, and it is not the
6 least bit controversial. That, in essence, is all he says
7 in relation to the Preston report, save, I suppose,
8 additionally this, that Preston is an example which
9 illustrates that no amount of care, if you like, can
10 prevent these incidents from happening. In essence, that
11 is my objection to his being recalled for that.
12
13 So far as the residues are concerned, Mrs. Brinley-Codd has
14 read it. I have not. The indications I have from her are
15 that I am going to object to that, too.
16
17 MR. JUSTICE BELL: I think we should deal with Dr. North all of
18 a piece, and I have made a note of your objection to -----
19
20 MR. RAMPTON: That is it in essence, my Lord. Obviously, if
21 I am to make it good, I have to go into a little bit more
22 detail, but I suspect that my objection will -- I do not
23 know precisely what my objection to Dr. Millstone is at the
24 moment, because I have not read it. Mrs. Brinley-Codd has
25 read it, and tells me that she thinks it is objectionable.
26 That, for present purposes, is good enough for me.
27
28 As to Mainprize, again, one would have to consider what
29 relevance it has. I have glanced at it, no more than
30 that.
31
32 My Lord, I am perfectly willing to deal with all these
33 things on Monday morning.
34
35 MR. JUSTICE BELL: I will put those to Monday. I do not want to
36 overload Monday, but they may not take very long.
37
38 MR. RAMPTON: No, they will not, because I can usefully state my
39 objections quite shortly.
40
41 MR. JUSTICE BELL: Yes.
42
43 MR. MORRIS: If people can just look at the article from the
44 Wall Street Journal, it is from the Wall Street Journal,
45 28th December 1995. There are various quotes which I have
46 underlined in the article, either direct quotes or
47 summaries of parts of the tape, and that is what we want to
48 rely on as a Civil Evidence Act notice; and lower down in
49 our sheet of today's business, we are making an application
50 for that video. The information I have is that the
51 video -----
52
53 MR. JUSTICE BELL: Let me just read the article.
54
55 MR. MORRIS: Yes. (Pause)
56
57 MR. JUSTICE BELL: Yes.
58
59 MR. MORRIS: So, I mean, basically, we are giving notice of a
60 Civil Evidence Act notice. Also, we are making an
