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

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