Day 100 - 09 Mar 95 - Page 44
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2 MR. RAMPTON: No, my Lord. I will not accept that is right.
3 The witness has not said that. Mr. Walker has not said
4 it. There is no evidence of it. It will be a matter for
5 argument at the end of the case whether or not there are
6 different margins of safety or different stages in the
7 process. If Mr. Morris is going to propose to this witness
8 that there is some margin at some stage in the process,
9 whether it be in the suppliers like McKey's or within
10 McDonald's which present a hazard to human health, then let
11 him put it.
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13 MR. JUSTICE BELL: The difficulty, Mr. Morris, arises because
14 you start a number of your questions with the word "so"
15 which would seem or might be interpreted as suggesting that
16 what you are putting is a logical progression from what has
17 been put before. You may not mean it that way, just like
18 people start by saying "well" or "I mean", so you may be
19 starting a question "so". But if you start it "so" and it
20 does not logically follow necessarily from what you have
21 put before, then someone may take exception to it. That is
22 why the difficulty has arisen, I think.
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24 MR. MORRIS: When you make a quality control check, say, for
25 example, on a finished burger, if it is 70.00001 degrees
26 Centigrade, it has not failed the check, has it?
27 A. We do not measure to that accuracy. The minimum is 70,
28 yes.
29
30 Q. If it is 69.9 degrees ---
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32 MR. JUSTICE BELL: Hold on a moment.
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34 MR. MORRIS: -- it has failed.
35
36 MR. JUSTICE BELL: How is the thermometer graded for a start?
37 A. We can go to one decimal place so .1 or .5 or .9.
38
39 MR. MORRIS: So if it is 69.9, it has failed?
40 A. Yes.
41
42 Q. Right. So if a consignment arriving at McKey's -- sorry,
43 forget the "so" -- fails in your terminology, because we
44 are talking about your leaflet, McDonald's leaflet, a
45 quality control check in the same way, it is rejected?
46 A. I would say ---
47
48 Q. Or should be rejected?
49 A. -- I mean, you have to look at the reason for the
50 quality control check there. This is not something that is
51 chiseled in stone. I would say 99.99 per cent, if you are
52 going to go to that many decimal places, would be rejected,
53 yes. The reason for checking the temperature of the
54 product and keeping it below, certainly below six degrees C
55 -- I am not sure what the McKey's spec. is without
56 checking -- is to prevent the multiplication of bacteria.
57 That is the reason for the check. I think you are getting
58 a bit too tied up in the checks themselves.
59
60 Q. I am not getting tied up at all, Mr. Kenny, because you are
