Day 294 - 05 Nov 96 - Page 18
1 system. First of all, that the cooking times and internal
2 temperatures that McDonald's set as minimums are not high
3 enough. We would say that is recognised both by their own
4 expert, who they did not call in the end-----
5
6 MR. JUSTICE BELL: Then I cannot take any notice of it.
7
8 MR. MORRIS: We can pray that in aid in terms of the
9 counterclaim, that they said that when they served their
10 witnesses statements we should have 'thereby known'-----
11
12 MR. JUSTICE BELL: I am not going to pay any attention to
13 anything in Mr. Clarke's statement. It would be quite
14 wrong. The idea of the lies, in any event, was before
15 anyone got a sight of that. It may be that if you come on
16 to a situation where it is said, 'look, they must have been
17 lying because they have not paid any attention to what is
18 in Mr. Clarke's statement', that that is theoretically
19 relevant, but I find it very difficult to see how it could
20 help me.
21
22 MR. MORRIS: Well, that would be our-----
23
24 MR. JUSTICE BELL: It is a long way from the target -----
25
26 MR. MORRIS: The point is that not only were their own witness
27 statements countered by our witness statements, which
28 agreed with our point of view, but furthermore within their
29 own witness statements there were contradictions and
30 admissions-----
31
32 MR. JUSTICE BELL: I have to say, I have read Mr. Clarke's
33 statement and, although there are bits you could have
34 picked on which you said might have helped your case, it
35 was overwhelmingly in favour of McDonald's and the hygienic
36 practices which they made.
37
38 MR. MORRIS: Yes, but on the most crucial point he was critical
39 that their internal minimum temperature was not high
40 enough, and that is the most crucial-----
41
42 MR JUSTICE BELL: He phrased it very carefully, if you actually
43 read it.
44
45 MR. MORRIS: Yes. He said that it was not high enough.
46
47 MR. JUSTICE BELL: No, he did not say that.
48
49 MR. MORRIS: He recommended that 73 degrees be the internal
50 minimum temperature of the final product, and their
51 temperatures were not reaching that in all cases.
52 McDonald's minimum was in fact 70 degrees Centigrade.
53
54 MR JUSTICE BELL: "To be absolutely above reproach on this
55 matter, a review of the temperature conditions applying to
56 meat patties would be advisable." That seems to me to be a
57 long way away from saying they are not. This case is not
58 going to be won on what is in the statement of someone who
59 McDonald's chose not to call and you chose not to call
60 either. You have got to be realistic about it.
