Day 099 - 08 Mar 95 - Page 79


     
     1        "unsatisfactory" which is the word which appears only in
     2        the McKey's specification so far as I aware.
     3
     4   MS. STEEL:   It is actually in his statement as well.
     5
     6   MR. MORRIS:  It appears in his statement with "10 million".
     7
     8   MR. JUSTICE BELL:  I have heard it said that what another
     9        witness has said should never be put to the witness in the
    10        witness box in cross-examination.  It is not something
    11        which I personally necessarily adhere to, but if it has a
    12        justification it is because the person in the witness box
    13        cannot get into the mind of the witness who has already
    14        given evidence.  What I suggest is, by all means ask
    15        Mr. Kenny if he wishes to reconsider his evidence.  If he
    16        does not then I have got of evidence from Mr. Walker,
    17        I have evidence from Mr. Kenny, and I will just have to
    18        come to a conclusion as to what the real situation is and
    19        where it takes me in the case, if at the end of the day it
    20        is relevant to the issue.  You have given him an
    21        opportunity to deal with that.
    22
    23   MR. MORRIS:  So your position is that if raw meat in an
    24        unsatisfactory condition by your standards, by McKey's
    25        standards, is in fact accepted, which it is or has been
    26        evidence has been given ----
    27
    28   MR. RAMPTON:  My Lord, I am sorry.
    29
    30   MR. MORRIS:  It has been given clearly.
    31
    32   MR. RAMPTON:  I must make an objection.  There are two different
    33        standards.
    34
    35   MR. JUSTICE BELL:  There are two different standards.  One is
    36        twice the other and the one which is half the other is in
    37        relation to raw product, and the one which is twice the
    38        other is in relation to the process finished product which
    39        goes from McKey to the distribution centre.  So far as
    40        I can see, looking at the transcript, Mr. Walker was
    41        talking about raw meat which comes into his plant, and so
    42        in so far as he was talking about it being unsatisfactory
    43        it was because it was above 5,000,000 a gramme.
    44
    45   MR. MORRIS:  I think he was saying 10 million.
    46
    47   MR. JUSTICE BELL:  That does not mean that it will be unless you
    48        point at the end of the day to evidence to the contrary,
    49        but that does not mean that it will be above 10 million to
    50        the gramme when it goes over to the distribution centre, 10 
    51        million to the gramme being the McDonald's standard.  I do 
    52        not read the transcript you have referred to as meaning 
    53        that they send off to the distribution centre processed
    54        beef which is in excess of McDonald's 10 million to the
    55        gramme.  You may very well be right.  Indeed at the moment
    56        that is the way I read it, but from time to time they
    57        accept into their plant raw meat which is more than
    58        5,000,000 to the gramme and they have a league table so far
    59        as that is concerned to try to shame their suppliers into
    60        better performance next time.

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