Day 146 - 03 Jul 95 - Page 21


     
     1        it is completely new.
     2
     3        Then, my Lord, paragraph 40, and this is an important
     4        question (if any of this is important), it has an "N"
     5        question on it because of the words "over capacity".
     6        I think those are the words in the written statement.  But,
     7        in fact, this was a very specific allegation about the
     8        difficulties created from the point of view of proper
     9        inspection and food safety by what she would, no doubt, say
    10        was an excessive line speed.
    11
    12        My Lord, that should have been included in the statement
    13        because, as one sees, it can be dealt with specifically by
    14        reference to documentary records of the line speeds in a
    15        given week.  I think Ms. Steel wants to say something.
    16
    17   MR. JUSTICE BELL:  Try to stay calm.  It does not help the
    18        argument if people are answering back as it goes along.
    19        You will have plenty of time to respond to this if you want
    20        to object to Mr. Bone being called.
    21
    22   MS. STEEL:  Can I just say actually that I was talking to
    23        Mr. Morris.  I think I was talking much quieter than
    24        Mr. Rampton frequently talks to Mrs. Brinley-Codd.
    25
    26   MR. JUSTICE BELL:  I asked Mr. Rampton to keep his voice down
    27        the other day.  Apart from anything else, if someone apart
    28        from the person who is on his feet, if I can hear them
    29        speaking it distracts me a little.  I know when one is in a
    30        courtroom like this, and there are not members of the
    31        public, you can often be heard when you do not intend to
    32        be, but the quieter everyone is the better.
    33
    34   MR. RAMPTON:  My Lord, line speed and its supposed consequences
    35        go all the way through 41, 42, 43 and 44, explaining how it
    36        is that, in fact, it could not possibly work if the line
    37        speed was too fast, for the reason not least that the
    38        inspectors would never allow it.  They would not have time
    39        at the sort of speeds which Ms. Hovi alleged in her
    40        evidence-in-chief.  Again, all that could have been dealt
    41        with if we had had notice of the line speed allegation.
    42
    43        My Lord, from there on there is not anything directly
    44        attributable to Ms. Hovi's evidence.  Indirectly, yes,
    45        because paragraph 45 deals with what your Lordship called a
    46        conflict between the witness and the documents concerning
    47        the temperatures taken at the exit of the chiller No. 1 and
    48        the entry to the boning room; that is to say, the
    49        temperatures of the meat and explaining how the process
    50        works. 
    51 
    52        I mention this now because your Lordship did raise it at 
    53        the time.  Your Lordship was concerned, because of that
    54        conflict, to see the originals of those documents.
    55        Mrs. Brinley-Codd, I think, does have the originals and
    56        they will be produced at the proper time, not just now.  My
    57        Lord, that really, without bothering to go to the
    58        transcripts -- if the Defendants want to do so, by all
    59        means let them do so -- all I would say is, to save time,
    60        that those references to the transcripts, having been done

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