Day 129 - 25 May 95 - Page 08


     
     1        then, of course, I would have listened to it, but if she is
     2        adopting a the stand, as I think she is, that she is really
     3        not prepared to express a view when she does not know
     4        enough about it, then the sorts of things you are putting
     5        to her now really should be directed at me in due course.
     6
     7   MS. STEEL:   Does your Department get advice from the University
     8        of Strathclyde?
     9        A.  I know a report was done for us but not necessarily my
    10        Department.  My Department's role is liaising with
    11        Environmental Health Officers on local hygiene issues
    12        related to the restaurant.  If we need technical input, we
    13        go to Quality Assurance.  My people are not qualified on
    14        food safety or the technical side of food safety.
    15
    16   MR. JUSTICE BELL:  Remember what we said yesterday about
    17        speaking out; if you have a bit of a cold, then it is even
    18        more important.  Do your best to speak up.
    19
    20   MS. STEEL:   That was a report on advice on cooking temperatures
    21        and times; is that right?
    22
    23   MR. RAMPTON:  No, my Lord, I am sorry to intervene.  It is
    24        referred to, as your Lordship will recall, in Mr. Clark's
    25        statement.  The Defendants asked to see it some
    26        considerable time ago.  I informed your Lordship -- and
    27        this time I am sure of my ground because I have both read
    28        the report and enquired about the reasons why it was
    29        created -- that it was, undoubtedly the subject of legal,
    30        professional privilege, and your Lordship ruled that the
    31        reference to it in Mr. Clark's statement did not waive that
    32        privilege.  Mrs. Steel is not entitled to ask Mrs. Barnes
    33        about its contents.
    34
    35   MS. STEEL:  I am hardly asking for details.  I believe I should
    36        be entitled (although it is entirely pointless to ask now
    37        since Mr. Rampton has given away to the witness what she
    38        should answer) and I am entitled to ask her what the report
    39        was.
    40
    41   MR. JUSTICE BELL:  No.
    42
    43   MS. STEEL:  If it turns turn out -- it may be another report.
    44        For all we know, it could be an entirely different report,
    45        the one she has seen.
    46
    47   MR. JUSTICE BELL:  You suggest precisely what report you have in
    48        mind, if it is not the one which is referred to in  -----
    49
    50   MS. STEEL:  She has mentioned a report.  I am asking what the 
    51        report was. 
    52 
    53   MR. JUSTICE BELL:  What report do you have in mind now?
    54        A.  There was a report prepared for us by Strathclyde.  It
    55        was certainly after Preston, and it was not to do with
    56        cooking times.
    57
    58   Q.   Sorry?
    59        A.  Sorry, it was not to do with cooking times.
    60

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