Day 107 - 24 Mar 95 - Page 28


     
     1        all these tests were a waste of the time and the money of
     2        those that do them for that reason.  It is something
     3        I shall discuss with him in cross-examination at some
     4        stage, I hope, today.
     5
     6   MR. JUSTICE BELL:  What I have put in my notebook, so I can
     7        remember when I go through the CaseView or the finished
     8        transcript, or when I hear any further submissions, unless
     9        there is further evidence, at the moment it appears that
    10        there were three microbiological tests on finished, I will
    11        call them "beefburgers" -- it is a term I am more familiar
    12        with in any event -- on 12th January 1994 at Milton Keynes.
    13
    14   MR. RAMPTON:  There are two at Milton Keynes and one at
    15        Scunthorpe.
    16
    17   MR. JUSTICE BELL:  Thank you, yes.
    18
    19   MR. RAMPTON:  My Lord, that is -----
    20
    21   MR. MORRIS:  I think actually there were two; if you look at
    22        page 11 there was another one -- that was not on 12th, was
    23        it?
    24
    25   MR. JUSTICE BELL:  No, they were just on 12th.
    26
    27   MR. RAMPTON:  My Lord, what I do not know, of course, is whether
    28        these are all the microbiological tests that were done on
    29        that day.  I do not know whether there was more than one
    30        ledger.  I know nothing about that.  What I was asked to do
    31        (and what we have done) is to produce samples which is what
    32        we have done.
    33
    34   MR. JUSTICE BELL:  Any impression I have which was that there
    35        were several thousand microbiological tests on several
    36        thousand patties appears to be wrong.  What you are saying,
    37        as point of information and no more at this stage, is that
    38        your understanding is that we have the logs for three
    39        microbiological tests which were done on that day on
    40        finished meat patties.
    41
    42   MR. RAMPTON:  What your Lordship has are what your Lordship
    43        indicated we should try to get which are -- what did
    44        Mr. Morris ask for?  Samples of particular days?   What
    45        I am not saying is that I can assert at the moment whether
    46        these were all that were done on those days.
    47
    48   MR. JUSTICE BELL:  I can only work on what I have at the moment
    49        and, although Mr. Morris has not admitted it, what I have
    50        is the typed list which shows, whatever it is, five or six 
    51        tests, two on 10 to the pound and one on a quarter pounder. 
    52 
    53   MR. RAMPTON:  And the rest on pork products.
    54
    55   MR. JUSTICE BELL:  And the rest on pork products, but no others
    56        on beef finished products on that day.  It is up to you.
    57        You may think you just want to stay there.
    58
    59   MR. MORRIS:  Yes, yes.
    60

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