Day 107 - 24 Mar 95 - Page 14
1 A. Yes.
2
3 Q. Can you tell us what you think about -----
4
5 MR. RAMPTON: I do again, my Lord, object in the strongest
6 possible terms to this being dragged out of a witness when
7 I should have had prior notice of it. If Mr. North is
8 going to comment on this report, I should have been told.
9 It is not in either of his statements -- I have just
10 looked.
11
12 MR. JUSTICE BELL: It is quite right you should; notice of it
13 should have been given, just as it should with regard to
14 the pesticides evidence.
15
16 MS. STEEL: We have asked about all sorts of things in this case
17 ------
18
19 MR. JUSTICE BELL: Please let me finish. I am going to let you,
20 nevertheless, because Mr. North has to come back which
21 gives McDonald's time, I am going to let you put -- it may
22 be that you will use the report as a basis for it --- some
23 supposition or hypothesis of fact, and then I am going to
24 let you ask Mr. North to comment on it. Then we can see
25 whether, in due course, the fact is established; if it is
26 not established, I can probably forget Mr. North's comment
27 on it. If it is established, I will consider Mr. North's
28 comment on it together with that of any other witness in
29 the case and reach a conclusion.
30
31 But it is no use just saying, if the facts in the report
32 were right -- put a specific matter. You will not lose
33 anything at all by that. If you have notes in the margin
34 -- just listen to me -- if you have Mr. North's notes in
35 the margin that should be able to draw your attention to a
36 particular matter and I will help you with how the question
37 should be phrased.
38
39 MR. MORRIS: It would be easier if I could hand this to the
40 witness and let him make comments.
41
42 MR. JUSTICE BELL: No, just follow the course I have suggested.
43 I am trying to help you. I am, in fact, bending the rules
44 in order to help you and I cannot go further than that.
45
46 MR. MORRIS (To the witness): Mr. North, McDonald's have
47 admitted responsibility for the Preston food poisoning
48 outbreak which involved a number of people being
49 hospitalised.
50
51 MR. JUSTICE BELL: I think it would help if you read out the
52 admission to him in terms, including any additional one so
53 that Mr. North is reminded of it.
54
55 MR. MORRIS: "McDonald's have accepted responsibility for" --
56 "In January 1991 a number of people suffered" -----
57
58 MR. JUSTICE BELL: Mr. Morris, just pause. Just slowly and
59 steadily read out the admission.
60
