Day 107 - 24 Mar 95 - Page 24


     
     1
     2   MR. MORRIS:  We do not have, as I have said; we have an entry in
     3        a log.  We were informed there was hundreds of tests on
     4        finished products, but we have, I think, two a day.
     5
     6   MR. JUSTICE BELL:  You have actually put in issue in a very
     7        forthright way that there are any at all.
     8
     9   MR. MORRIS:  We have two results given to us or something on
    10        12th January 1994, whenever it was.  It is not because of
    11        what we might call "dispute" I had with Mr. Walker that
    12        I am concerned.  It is just that it does seem that of all
    13        the documents we have had those would be the most
    14        important, i.e. on the finished product, but it could be
    15        left to a later date.
    16
    17        But seeing as they have been basically asked for, requested
    18        and indicated by yourself that they should be disclosed, it
    19        is a bit bizarre that they have not been.  In fact, there
    20        is a letter from the Plaintiffs saying that finished
    21        product test results are destroyed, but they cannot be
    22        destroyed every day before they are made, so either they
    23        are available yesterday ------
    24
    25   MR. RAMPTON:  My Lord, there is no such letter.  Mr. Morris
    26        really does fantasize sometimes.  There is a letter
    27        saying -----
    28
    29   MR. JUSTICE BELL:  I think it would be helpful, Mr. Rampton, if
    30        you quite shortly said what you said before about the
    31        availability.  Something has been said in more than one
    32        letter.  I have not tried to analyse that information.  If
    33        you feel able and prepared at the moment just to summarise
    34        what the situation is?
    35
    36   MR. RAMPTON:  I will have to do it from memory, but this has
    37        been recorded in the letter which Mr. Morris was given
    38        yesterday.  He obviously did not read it properly.
    39
    40   MR. MORRIS:  No, I did read it properly.
    41
    42   MR. RAMPTON:  No, evidently, he did not.  This is my
    43        understanding -- it is not evidence -- there are no
    44        separate laboratory reports.  There are two forms of
    45        report, one is the meat received report, upon which various
    46        people at various times in the process make entries.
    47
    48        One of those entries is for microbiological counts.  That
    49        entry is made by the laboratory.  The other result, which
    50        is the finished product test result, is in the ledger and 
    51        that entry is made by the laboratory.  It may be that 
    52        someone in the laboratory puts the result down on the back 
    53        of an envelope or something, and then walks over to where
    54        the ledger is and puts it in -- that, I do not know -- but
    55        there are no formal documents underlying that ledger
    56        showing the results of the microbiological testing.  My
    57        Lord, that is my understanding.  I do not really know that
    58        Mr. Morris can take it any further than that.
    59
    60   MR. MORRIS:  So, if I can just clarify -- it may save time --

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