Day 101 - 10 Mar 95 - Page 70
1 MR. MORRIS: We put it to him about 20 times in
2 cross-examination.
3
4 MR. JUSTICE BELL: Yes, I know. I will have to decide whether
5 he was accurate in what he said or not accurate in what he
6 said. But the point is, it is quite right there was one
7 thing on the document and he has said another in his
8 evidence. It is not what he said in his evidence which is
9 10 million, but what is on the document which is five,
10 which is being put to you.
11
12 MR. RAMPTON: If you just quickly glance at the first page in
13 tab 2, not the front sheet, Mr. Kenny. You see that as a
14 guideline McKey's say that a total colony count of more
15 than 5,000,000 is unsatisfactory, yes?
16 A. Yes.
17
18 Q. My question is this: What if, on testing -- this is the
19 raw meat; this is not the finished product under quality
20 control check No. 6 -- what if, for example, on a couple of
21 samples, even perhaps they found a TVC of five and a half
22 million or 6 million, does that mean that it is, as it
23 were, a breach of a specification so far as you are
24 concerned?
25 A. No. The point is the results will not -- the meat is
26 already being used; the results to the raw meat tests are
27 not actually physically there. It is not a positive
28 release. The meat is used, and then the results come
29 through afterwards.
30
31 Q. That is right. Now I would like you to turn over the page,
32 please, in tab 1 to the second page of McKey quality
33 control checks and look at number 35, "Microbiological
34 analysis of finished product"; do you see that?
35 A. Sorry, you have lost me.
36
37 Q. Tab 1; go back to tab 1.
38 A. OK.
39
40 Q. The second page of the quality control checks; number 35
41 says, "Microbiological analysis of finished product"?
42 A. Yes.
43
44 Q. Suppose, on analysis, the finished product showed 5.5 or
45 maybe 6 million TVC, what then, so far as you are
46 concerned?
47 A. That is within the McDonald's specification.
48
49 Q. Suppose, on the other hand, the reading was 10 and a half
50 or eleven million, what then?
51 A. That is outside the McDonald's specification.
52
53 Q. What would you expect McKey to do with that particular
54 batch?
55 A. It would not go into the McDonald's system.
56
57 Q. How well -- this is my last question, Mr. Kenny -- do you
58 think you know your immediate suppliers, people like McKey
59 and Sun Valley?
60 A. Extremely well.
