Day 107 - 24 Mar 95 - Page 27
1
2 MR. JUSTICE BELL: -- 13,600 or something, you would have 13,600
3 tests.
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5 MR. RAMPTON: My Lord, he gave two counts. I agree it is -----
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7 MR. JUSTICE BELL: That may have been completely wrong. It may
8 have been a bit was taken from each, emulsified, and there
9 was only one test or there were only two tests, I just do
10 not know.
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12 MR. RAMPTON: I do not know, but there were two kinds of tests
13 anyway that he mentioned. There is the chemical analysis
14 and the microbiological analysis. The chemical analysis is
15 used mostly, I think, to ascertain the fat content.
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17 MR. JUSTICE BELL: I see. The point Mr. Morris is simply making
18 is, let us just concentrate on regular hamburger and
19 quarter pounder, the conclusion which might be drawn from
20 Mr. Walker's evidence, if it was accepted, is that there
21 would be several thousand microbiological tests on those,
22 and yet we have, as you have now explained, three
23 microbiological tests.
24
25 Now you have reminded me that there were chemical tests as
26 well, no doubt entirely through my own fault I had not
27 appreciated that they might be directed at what the fat
28 proportion was rather than any kind of safety test, if, in
29 effect, what is being said is that there would be, to take
30 that day as an example, three microbiological tests on
31 finished hamburgers, then there we are, I understand what
32 is being put, and it might not be remarkable that one only
33 finds three in the log.
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35 MR. RAMPTON: My Lord, if it were of any significance, I would
36 undertake to try to follow that up and find out what the
37 precise factual position is, and how the figure of 13,000
38 plus 76, I think it was, is arrived at.
39
40 But, My Lord, what I have in mind is something your
41 Lordship said a moment ago in an exchange between your
42 Lordship and Mr. North: It does appear to me that the
43 Defendants' case on the microbiological testing now is
44 through the mouth of Mr. North that it is a complete waste
45 of time so far as food safety is concerned.
46
47 MR. MORRIS: He did not say that.
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49 MR. RAMPTON: "Completely useless" is what ---
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51 MR. MORRIS: He did not say that either.
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53 MR. RAMPTON: -- which to my mind means that -----
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55 MR. JUSTICE BELL: I can look up the precise wording, but, at
56 the very highest, of very limited use so far as finding
57 out, discovering whether pathogenic bacteria are in the
58 product.
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60 MR. RAMPTON: Exactly. I think he said that for that purpose
