Day 107 - 24 Mar 95 - Page 24
1
2 MR. MORRIS: We do not have, as I have said; we have an entry in
3 a log. We were informed there was hundreds of tests on
4 finished products, but we have, I think, two a day.
5
6 MR. JUSTICE BELL: You have actually put in issue in a very
7 forthright way that there are any at all.
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9 MR. MORRIS: We have two results given to us or something on
10 12th January 1994, whenever it was. It is not because of
11 what we might call "dispute" I had with Mr. Walker that
12 I am concerned. It is just that it does seem that of all
13 the documents we have had those would be the most
14 important, i.e. on the finished product, but it could be
15 left to a later date.
16
17 But seeing as they have been basically asked for, requested
18 and indicated by yourself that they should be disclosed, it
19 is a bit bizarre that they have not been. In fact, there
20 is a letter from the Plaintiffs saying that finished
21 product test results are destroyed, but they cannot be
22 destroyed every day before they are made, so either they
23 are available yesterday ------
24
25 MR. RAMPTON: My Lord, there is no such letter. Mr. Morris
26 really does fantasize sometimes. There is a letter
27 saying -----
28
29 MR. JUSTICE BELL: I think it would be helpful, Mr. Rampton, if
30 you quite shortly said what you said before about the
31 availability. Something has been said in more than one
32 letter. I have not tried to analyse that information. If
33 you feel able and prepared at the moment just to summarise
34 what the situation is?
35
36 MR. RAMPTON: I will have to do it from memory, but this has
37 been recorded in the letter which Mr. Morris was given
38 yesterday. He obviously did not read it properly.
39
40 MR. MORRIS: No, I did read it properly.
41
42 MR. RAMPTON: No, evidently, he did not. This is my
43 understanding -- it is not evidence -- there are no
44 separate laboratory reports. There are two forms of
45 report, one is the meat received report, upon which various
46 people at various times in the process make entries.
47
48 One of those entries is for microbiological counts. That
49 entry is made by the laboratory. The other result, which
50 is the finished product test result, is in the ledger and
51 that entry is made by the laboratory. It may be that
52 someone in the laboratory puts the result down on the back
53 of an envelope or something, and then walks over to where
54 the ledger is and puts it in -- that, I do not know -- but
55 there are no formal documents underlying that ledger
56 showing the results of the microbiological testing. My
57 Lord, that is my understanding. I do not really know that
58 Mr. Morris can take it any further than that.
59
60 MR. MORRIS: So, if I can just clarify -- it may save time --
