Day 089 - 15 Feb 95 - Page 80


     
     1   Q.   But it goes on -- is an entry made or not?
     2        A.  An entry is usually made if there is something
     3        unsatisfactory with the procedure, otherwise it would
     4        normally just be ticked.
     5
     6   Q.   So there is a form of check list?
     7        A.  Yes.
     8
     9   Q.   How long are those kept for, once ticked or noted?
    10        A.  I really could not answer that question.
    11
    12   Q.   Could you make some enquiries to find out what the position
    13        is with regard to that?
    14        A.  Yes, I can do.
    15
    16   MR. JUSTICE BELL:  Is that document one of the documents in the
    17        bundles somewhere, Mr. Rampton?
    18
    19   MR. RAMPTON:  The HACCP?
    20
    21   MR. JUSTICE BELL (To the witness):  What did you call it?
    22        A.  HACCP is a document that is included in the court
    23        documents.
    24
    25   MR. RAMPTON:  My Lord, I hope all that will be all right.
    26        I hope it is not too onerous and I hope it does not take
    27        too long.  Above all I hope that the directors of Sun
    28        Valley will say "yes".  If they say "no", then we have a
    29        problem, but I hope it will not be so.
    30
    31   MR. JUSTICE BELL:  If they say "no", it may well be that the
    32        only -- well, one may to have to come and give evidence
    33        because the only evidence I have at the moment is what
    34        Dr. Pattison has said in the witness box subject, of
    35        course, to any answers he may give if you ask him
    36        questions, or Ms. Steel or Mr. Morris do, on what one might
    37        call a voir dire into the admissibility of these documents.
    38
    39   MR. RAMPTON:  Absolutely.  I entirely agree.  It directs on the
    40        present state of the evidence (which is not satisfactory by
    41        any manner of means, if your Lordship is going to have to
    42        try to construe the contractual position between McDonald's
    43        and Sun Valley), if we are going to go down that road on
    44        the present state of the evidence, we would certainly have
    45        to call additional evidence, whether by affidavit or in
    46        person, would be a matter for your Lordship.
    47
    48   MR. JUSTICE BELL:  Yes.  Let us wait and see what the response
    49        is.  The voir dire is particularly used, it is mostly in
    50        criminal trials.  If you have an argument about the 
    51        admissibility of evidence, you sometimes have to have a 
    52        little trial-within-a-trial before you can decide whether 
    53        it is admissible or not.
    54
    55        The sort of situation I have in mind here, if it came down
    56        to the line, if it was necessary, we might have to break
    57        off the main trial and have a little trial for an hour or
    58        two, or however long it took, when evidence was called in
    59        order to decide whether documents were actually in
    60        McDonald's power, if they were not in their possession or

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