Day 107 - 24 Mar 95 - Page 31


     
     1        happening.  Could I ask your Lordship to look at paragraph
     2        20 of Mr. North's second statement made in January 1995?  I
     3        have had Mr. Atherton here, I have had Mr. Kenny here; none
     4        of this has been put to them.  I have no had no notice of
     5        this evidence.  If one reads paragraph 20 -----
     6
     7   MR. JUSTICE BELL:  I am going to stop there -- your protests may
     8        well be justified -- but you are going to cross-examine
     9        this witness and we will see where we get with that,
    10        Mr. Rampton.
    11
    12   MR. RAMPTON:  My Lord, it may not be a question of -----
    13
    14   MR. JUSTICE BELL:  It may well be that you will put a number of
    15        parts of the report visits, the visits on report,
    16        particularly to him, I do not know.  It is entirely a
    17        matter for you.
    18
    19   MR. RAMPTON:  No, my Lord, I was not thinking of that, but
    20        plainly there is inconsistency with what he is now saying
    21        of course, and I can do that, a pupil could do that.  But,
    22        my Lord, what is troubling me is a matter of substance,
    23        that I have not had a chance to get my witnesses to deal
    24        with these allegations.
    25
    26   MR. JUSTICE BELL:  I will give you ample opportunity for that.
    27        I regret it if it means that the length of the trial is
    28        extended, but I do not think I should cut out this evidence
    29        once proffered.  You will have such opportunity as you need
    30        to respond to it, if you wish.
    31        (To the witness):  But what I am trying to understand at
    32        the moment is whether you were actually criticising the
    33        accuracy of the temperature testing of the inside of the
    34        burger.
    35        A.  That is the case, my Lord.
    36
    37   Q.   I think you had better say it again.  What is wrong with
    38        the temperature testing of the inside of the burger?  Two
    39        people can come up with different results in relation to
    40        that, you say?
    41        A.  Yes.  The temperature gradient from surface to centre
    42        is very steep.  I will explain that.  You start off with a
    43        very high temperature outside on the surface of the burger
    44        and the temperature reduces towards the centre.  It is
    45        quite a considerable difference.  Therefore, matters of
    46        very, very slight variation, even a millimetre or so, in
    47        distance from the centre can have a remarkable effect on
    48        the temperature measured.
    49
    50        Bearing in mind that the probes are manually inserted, 
    51        slight variations of pressure, slight variations in 
    52        positioning in the probe and, therefore, slight variations 
    53        in the depth to which the probe is inserted, can have a
    54        considerable effect on the temperature actually measured.
    55        Ergo, two people with different pressures in slightly
    56        different positions using the same equipment can come up
    57        with different temperatures.
    58
    59   MR. MORRIS (To the witness):  The temperatures away from the
    60        centre, if there is a variation, is it likely to be higher

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