Day 098 - 07 Mar 95 - Page 63


     
     1        of the action".
     2
     3   MR. JUSTICE BELL:  Where are you now?
     4
     5   MR. MORRIS:  Mr. Rampton does not know what I am talking about,
     6        but I have argued this about six times and I am quite fed
     7        up with doing it.  A number of times we have asked for the
     8        typical day's microbiological testing.
     9
    10   MR. JUSTICE BELL:  I know you have asked, but you have not yet
    11        got an order for it.
    12
    13   MR. MORRIS:  No, but Mr. Rampton keeps saying that he is looking
    14        into it and, to be honest, Mr. Kenny is going to arrive
    15        tomorrow morning and we should have those results.
    16
    17   MR. RAMPTON:  My Lord, this will not do.  Your Lordship did not
    18        make an order.  Your Lordship indicated that we should ask
    19        McKey's and that is what we have done.  We have asked
    20        McKey's to produce the few A4 sheets to which Professor
    21        Jackson referred to for that day; if those no longer exist
    22        for a day as near as possible.
    23
    24   MR. JUSTICE BELL:  When you are expecting those to arrive?
    25
    26   MR. RAMPTON:  My Lord, I do not know.  We will have to enquire,
    27        but I am certainly not going, as it were, to accept the
    28        gravamen of Mr. Morris' complaint in way at all.
    29
    30   MR. JUSTICE BELL:  I am not so much concerned about the
    31        complaint.  What I am concerned is Mr. Kenny may come and
    32        I will have to hear what the cross-examination involves,
    33        but there may be a legitimate line in cross-examination
    34        which would rely or might rely in part or in whole upon
    35        those documents if they ever came to be disclosed.  I do
    36        not know when the cross-examination starts.  It will appear
    37        that it would be useful to look at documents which, once
    38        I have heard further argument I might order to be disclosed
    39        or documents which when your enquiry of McKey's is sifted
    40        through they would be prepared to disclose.  All I know is
    41        we have Mr. Kenny coming and we hope to finish him by the
    42        end of the week.
    43
    44   MR. RAMPTON:  My Lord, in tab 5 of pink VIII there are already
    45        some such documents which for 1993 -- whether it matters
    46        that they are not for 12th January 1994 I no not, but there
    47        is a bundle already of completed McKey microbiological
    48        control summary results for the regular hamburger, the
    49        Quarter Pounder, the MacRib, sausage patties, the Canadian
    50        style burger and the regular hamburger, the Quarter Pounder 
    51        hamburger, the MacRib.  So, although of course we will do 
    52        our best to get the ones for 12th January as soon as we 
    53        can, it is not that there are not documents already there
    54        if the Defendants should wish to cross-examine Mr. Kenny
    55        (who did not make the documents) about their significance.
    56
    57   MR. JUSTICE BELL:  I think the point being made is that my
    58        comment at 7G of the transcript merely rehearses what you
    59        said during the argument which is -- I cannot remember
    60        whether you said that on 6th February.  If you did so it

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