Day 099 - 08 Mar 95 - Page 80
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2 MR. MORRIS: They say they have a league table. I have not seen
3 it of course.
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5 MS. STEEL: It says on the top of page 37, line 6, that "On
6 arrival each consignment of meat is sent for
7 bacteriological analysis, the results of which fall into
8 three categories: (1) satisfactory (2) passable (3)
9 unsatisfactory, which means that there are more than 10
10 million per gramme." So, it is about 10 million.
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12 MR. MORRIS: He also said anything between 10 million and 50
13 million.
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15 MR. RAMPTON: That is a quote from his written statement.
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17 MR. JUSTICE BELL: A quote by me from the witness statement.
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19 MR. MORRIS: I think I put to him about seven times and he kept
20 saying 10 million was the figure.
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22 MR. RAMPTON: They are not the correct figures.
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24 MR. MORRIS: Maybe you know better than Mr. Walker then.
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26 MR. RAMPTON: My Lord, one can see from the microbiological
27 guidelines that they are not the correct figures.
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29 MR. MORRIS: The microbiological guidelines are an undated
30 document.
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32 MR. RAMPTON: If Mr. Morris has learned anything from me in this
33 case it is certainly not good manners. My Lord, the
34 microbiological guidelines give a figure of 5,000,000 for
35 acceptance of raw materials. If Mr. Walker's statement
36 contains the figure of 10 million per gramme for that
37 material, then the statement must be wrong. It is as
38 simple as that.
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40 MS. STEEL: At the bottom of the page I say to him: "Are they
41 the current figures? He said "Yes". He was definitely
42 talking about 10 million.
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44 MR. JUSTICE BELL: Very well, argue about it at the end of the
45 day. Just listen to me for a moment. Whether your
46 construction or my provisional one is right or not at the
47 end of the day you are going to turn my attention to this
48 and, if need be, we will look back at the transcript and we
49 will decide about it. You have a witness in the witness
50 box whose name is "Kenny" not "Walker" and you are asking
51 questions of him. Whether Mr. Kenny is right or whether
52 Mr. Walker is, if they differ, may be a matter I have to
53 decide.
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55 MS. STEEL: But Mr. Morris was prevented from asking a question
56 about what Mr. Walker said which, to us, that is quite
57 clearly what he is saying.
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59 MR. JUSTICE BELL: I have not stopped you putting that. What we
60 have done, and we have got bogged down in argument about
