Day 086 - 09 Feb 95 - Page 46


     
     1        notice has been given or the appropriate time for a counter
     2        notice to be given has not passed because it does not mean
     3        to say that it is accepted as such.
     4
     5   MR. RAMPTON:  My Lord, there is a further point, with respect.
     6        Even if all that had happened, and the document was
     7        irrelevant because an admission had been made, then all the
     8        Civil Evidence Act Notices in the world would not make it
     9        admissible.
    10
    11   MR. JUSTICE BELL:  Yes.  You have made that point before.
    12
    13   MR. RAMPTON:  I make it again because Mr. Morris does not
    14        listen.
    15
    16   MR. MORRIS:  Because of the admission, we are not challenging
    17        the fact that McDonald's have admitted responsibility for a
    18        food poisoning outbreak because, obviously, that is
    19        admitting our case.  We are trying to ask relevant
    20        questions of the person who is now in charge of food safety
    21        at McDonald's, and to see on the implications of this event
    22        that they have admitted.
    23
    24   MR. JUSTICE BELL:  You are not being handicapped at the moment
    25        by not being able actually to read out the document or even
    26        ask him to look at it.
    27
    28   MR. MORRIS:  It makes it so difficult to ask questions.
    29
    30   MR. JUSTICE BELL:  It does not.  I tried to help you with the
    31        last and we got through that perfectly well.
    32
    33   MR. MORRIS:  I know, but Mr. Rampton keeps jumping up all the
    34        time.
    35
    36   MR. JUSTICE BELL:  Use that as a model.  Do not ask him to look
    37        at it at the moment and put your question to Mr. Atherton.
    38        If you want some help from me, ask for it.
    39
    40   MR. MORRIS:  Are you aware that the authorities charged with
    41        investigating food poisoning incidents both at Preston and
    42        in Oregon in 1982 believe that under-cooking of hamburgers
    43        and cross-contamination were the causes?
    44        A.  I am not aware of this.  I have not heard about this
    45        Oregon case and I have not heard about the sort of
    46        judgment, if you like, or whatever this document is
    47        beforehand.
    48
    49   MR. JUSTICE BELL:  If it turns out to be a fact that authorities
    50        who investigated the Preston outbreak, and also an outbreak 
    51        in Oregon in 1982, came to the view that under-cooking 
    52        and/or cross-contamination played a part in the 
    53        responsibility for outbreaks of E.coli food poisoning, you
    54        were not made aware of that?
    55        A.  That is right.  I was not made aware of that.
    56
    57   Q.   It did not come through whatever system of information
    58        McDonald's might have to you?
    59        A.  The first I heard about Oregon, I think, Mr. Morris or
    60        Ms. Steel mentioned it earlier in the -- earlier while

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