Day 106 - 23 Mar 95 - Page 56
1 assurance they could give them was that it had not been
2 detected at X probability given that it was at Y frequency.
3
4 MR. JUSTICE BELL: I think the assurance was that it had been
5 tested for a certain period of time and had not been so far
6 found?
7 A. The way you have, my Lord, a programme ----
8
9 Q. What you are saying is that even if it was there, that does
10 not surprise you at all because of the nature of the
11 sampling which is done?
12 A. It could be there, my Lord, to a fairly high level and
13 still not be detected; there was no realistic prospect of
14 finding it given the sampling a programme used.
15
16 MR. JUSTICE BELL: Is that a convenient time to break off?
17
18 MR. MORRIS: Yes. Just on that last point, I think it was said
19 that it has been found twice by McKey's and eight
20 times ----
21
22 MR. RAMPTON: Ten times in America in a five-year period and
23 twice in this country.
24
25 MR. JUSTICE BELL: Found twice at McKey's?
26
27 MR. RAMPTON: No, once by McKey's and once by a supplier. Dr.
28 Gomez Gonzalez says about 10 times in the same period in
29 America.
30
31 MR. JUSTICE BELL: Is there any further investigation you want
32 to carry out with Mr. North overnight, because if there is
33 you had better air it now and make sure there is no
34 objection to it?
35
36 MR. MORRIS: If Mr. North can get the pesticides information by
37 tomorrow morning, or by later on, he is trying to get it
38 this evening, what would be the situation then tomorrow?
39
40 MR. JUSTICE BELL: I will hear any argument as to whether
41 Mr. North should go ahead with his evidence-in-chief in
42 relation to that. If he did so, I would not call upon
43 Mr. Rampton to cross-examine, unless he wished to do so,
44 because I can see it is an area where the matter having
45 come out of the blue, as it were, he would want to feel
46 himself properly instructed before he embarked on any
47 cross-examination at all. The question would be whether
48 you wanted to embark on evidence-in-chief in relation to it
49 or we should set aside some time in the future for
50 Mr. North to come back and you lead any further evidence
51 which you want on that topic, including reference to any
52 learned articles he has provided, before go on to
53 cross-examination.
54
55 MR. MORRIS: Maybe it is better to leave that then.
56
57 MR. JUSTICE BELL: I will not stop you if you want to, but what
58 you might find, in any event it has to be put over for
59 cross-examination, in the meantime you get yourself better
60 instructed by Mr. North and you have to start all over
