Day 079 - 27 Jan 95 - Page 67
1 actual testing, the end testing, the testing of the
2 finished product?
3 A. Did he see it? I do not know because I did not know as
4 we walked through the laboratory which plates were, you
5 know, in which process.
6
7 MR. JUSTICE BELL: Put the documents aside. Was Mr. North shown
8 everything which he asked to see or not?
9 A. Yes, my Lord, Mr. North, I went round the plant with
10 him. I told Barlow, Lyde and Gilbert that I would agree to
11 it as McDonald's had requested it, and I took him around
12 the whole plant and I showed him everything which he wanted
13 to see, meat, chillers, refrigerators, laboratories,
14 machinery, and the only stipulation was I would not let him
15 see any documents. He went through every department in the
16 factory including the carton packaging.
17
18 MR. MORRIS: Shall we move on?
19
20 MR. RAMPTON: Before Mr. Morris does that, my Lord, in my
21 respectful submission, he must either put to Mr. Walker a
22 factual basis for accusations of lying or he must withdraw
23 it in open court, as any respectable counsel would do --
24 one or the other.
25
26 MR. JUSTICE BELL: I am not going to ask you to withdraw it. It
27 is a matter for you. I will listen to any submission in
28 due course as to any inference which I should draw, if
29 there is an inference I properly can draw, concerning the
30 accusation of lying if it is not substantiated, but I am
31 prepared to wait and see about that. If there is a
32 specific matter which you are alleging this witness has
33 lied about, you must put that to him specifically, not
34 just: "That is a mistake or an error of some kind", but
35 "you are not telling the truth about this particular
36 matter."
37
38 MR. MORRIS: I was not speaking to the witness when I said
39 that. I was saying what I believed to you because I was
40 asked to say why I was continuing that line of questioning.
41
42 MR. JUSTICE BELL: But if you are going to suggest to me in due
43 course that any witness has been untruthful, you should put
44 it to the witness in the witness box. You should put to
45 the witness in what respect he is being untruthful so that
46 witness, quite apart from courtroom procedure, it is only
47 fair, has the opportunity of answering your allegation.
48
49 THE WITNESS: May I speak, my Lord?
50
51 MR. JUSTICE BELL: No. You wait until you are asked a question.
52
53 MR. MORRIS: I will ask the witness. (To the witness): Do you
54 feel you have had an opportunity to explain the situation
55 as you see it and respond to what I said?
56 A. You said you do not believe that we destroy ---
57
58 MR. JUSTICE BELL: Just pause a moment.
59 A. -- that many burgers.
60
