Day 148 - 05 Jul 95 - Page 46
1 Hovi responding to the Plaintiffs' own witness as she had a
2 right to do.
3
4 That is the general situation as we see it. Specifically,
5 in Mr. Bone's statement there have been some "N"s to
6 signify what they think are new issues. When I went
7 through them one by one, the N question marks are
8 recognitions by McDonald's that they are not, in fact, even
9 in their own admission, new issues, but just that they are
10 some details regarding an issue that outlines in the
11 statement.
12
13 The "N"s without question marks, I would say, in summary,
14 are exactly the same category as those with question
15 marks. I do not know if the court would need me to
16 identify how that is? If need be, I can specify my opinion
17 on that.
18
19 MR. JUSTICE BELL: You must take your own course, Mr. Morris.
20 Put before me anything you pray-in-aid in relation to your
21 argument.
22
23 MR. MORRIS: Just for the record then, going through Mr. Bone's
24 statement as briefly as I can to save time.
25
26 MR. JUSTICE BELL: Give me the reference again?
27
28 MR. MORRIS: I would have thought it is in yellow 10.
29
30 MR. JUSTICE BELL: No, that is employment. We will find it.
31
32 MR. RAMPTON: My Lord, I think it is 7B. It is a separate
33 Jarrett file all on its own.
34
35 MR. JUSTICE BELL: Yes, it is. It is 7B.
36
37 MR. MORRIS: Dealing only with the ones which the Plaintiffs
38 claim are new, i.e. ones identified with an N, on page 3
39 point No. 5 regarding the cleaning regime. This is
40 something dealt with by Mr. Bennett, and is not in any way
41 implicit in the statement of Ms. Hovi.
42
43 MS. STEEL: If I just add for assistance there that Mr. Bennett
44 on day 104 page 20 went into the cleaning procedure and it
45 was also on that page that he said that the premises were
46 cleaned, the boning room was cleaned after the evening
47 shift, which was what prompted Ms. Hovi to refer to the
48 mince meat manufacture in the night. So that was not a new
49 issue and the cleaning procedures were not new issues.
50 They were raised by Mr. Bennett and when Mia Hovi went into
51 more detail during her evidence, that was to rebut what
52 Mr. Bennett had said which, as far as she was concerned,
53 was not the reality of the day to day workings at the
54 plant.
55
56 That really applies to page 4 as well of Mr. Bone's
57 statement where he is talking about cleanliness. They are
58 not new matters. They were raised in brief in Ms. Hovi's
59 statement. Mr. Bennett refuted them and went into some
60 detail about the cleaning procedures at the plant, and swab
