Day 099 - 08 Mar 95 - Page 81


     
     1        what one witness said or what another said.  If
     2        Mr. Walker's evidence were to be interpreted as an
     3        indication that from time to time processed beef is passed
     4        on to the distribution centre which has a total colony
     5        count of more than 10 million per gramme, would that accord
     6        with your experience?
     7
     8   THE WITNESS:  I would disagree with that statement.
     9
    10   MR. MORRIS:  You disagree.
    11        A.  Can I try again to clarify the situation?
    12
    13   MR. JUSTICE BELL:  Yes, say what you want to say.
    14        A.  Just once more.  The McDonald's specification on the
    15        finished hamburger patty for total count is a maximum of 10
    16        million.  We will not take product that exceeds that.
    17
    18   MR. MORRIS:  You say, yes.
    19
    20   MR. JUSTICE BELL:  That his evidence, Mr. Morris.
    21
    22   MR. MORRIS:  That was Mr. Walker's evidence as well.  It has
    23        certainly changed.
    24
    25   MR. JUSTICE BELL:  You must let him give his evidence without
    26        interjecting things like "you say".  It is his evidence and
    27        at the end of the day I will judge whether it is reliable
    28        or not.  Do not bother, Mr. Rampton.
    29
    30   MR. RAMPTON:  My Lord, I do bother because Mr. Morris is very
    31        free with his accusations of dishonesty against witnesses,
    32        and if he is making such an accusation against this witness
    33        then he should deal with it and let the witness deal with
    34        it.  That is what "you say" means in my language.
    35
    36   MR. MORRIS:  Well, you just said ----
    37
    38   MR. JUSTICE BELL:  I want him to finish to what he was going to
    39        say.  Neither you nor I is giving evidence. The witness is.
    40
    41   THE WITNESS:  That is the McDonald's specification, 10 million,
    42        total count per gramme of finished product.  We will not
    43        take product if it exceeds that specification.
    44
    45   MR. MORRIS:  You have not got one example that you know in your
    46        experience where you have ever rejected meat containing
    47        more than 10 million bacterial count?
    48
    49   MR. JUSTICE BELL:  You must let him finish.
    50        A.  That is what the McDonald's specification is.  I think 
    51        you have got that.  What Mr. Walker would have been 
    52        referring to is the McKey specification which is what they 
    53        put as their own internal limit on the meat that comes in
    54        the back door of their restaurant which they process into
    55        our products, so they can be sure that at the end of the
    56        day when they test our products all of them do not exceed
    57        our specification and they have to chuck them away.  What
    58        they do is they do their own testing at the beginning of
    59        the chain.  What they have done is actually set, very
    60        cleverly, a stricter limit than on the finished product, so

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