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

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