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

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