Day 294 - 05 Nov 96 - Page 18


     
     1        system.  First of all, that the cooking times and internal
     2        temperatures that McDonald's set as minimums are not high
     3        enough.  We would say that is recognised both by their own
     4        expert, who they did not call in the end-----
     5
     6   MR. JUSTICE BELL:  Then I cannot take any notice of it.
     7
     8   MR. MORRIS:   We can pray that in aid in terms of the
     9        counterclaim, that they said that when they served their
    10        witnesses statements we should have 'thereby known'-----
    11
    12   MR. JUSTICE BELL:  I am not going to pay any attention to
    13        anything in Mr. Clarke's statement.  It would be quite
    14        wrong.  The idea of the lies, in any event, was before
    15        anyone got a sight of that.  It may be that if you come on
    16        to a situation where it is said, 'look, they must have been
    17        lying because they have not paid any attention to what is
    18        in Mr. Clarke's statement', that that is theoretically
    19        relevant, but I find it very difficult to see how it could
    20        help me.
    21
    22   MR. MORRIS:   Well, that would be our-----
    23
    24   MR. JUSTICE BELL:   It is a long way from the target -----
    25
    26   MR. MORRIS:   The point is that not only were their own witness
    27        statements countered by our witness statements, which
    28        agreed with our point of view, but furthermore within their
    29        own witness statements there were contradictions and
    30        admissions-----
    31
    32   MR. JUSTICE BELL:   I have to say, I have read Mr. Clarke's
    33        statement and, although there are bits you could have
    34        picked on which you said might have helped your case, it
    35        was overwhelmingly in favour of McDonald's and the hygienic
    36        practices which they made.
    37
    38   MR. MORRIS:   Yes, but on the most crucial point he was critical
    39        that their internal minimum temperature was not high
    40        enough, and that is the most crucial-----
    41
    42   MR JUSTICE BELL:  He phrased it very carefully, if you actually
    43        read it.
    44
    45   MR. MORRIS:   Yes.  He said that it was not high enough.
    46
    47   MR. JUSTICE BELL:  No, he did not say that.
    48
    49   MR. MORRIS:   He recommended that 73 degrees be the internal
    50        minimum temperature of the final product, and their
    51        temperatures were not reaching that in all cases.
    52        McDonald's minimum was in fact 70 degrees Centigrade.
    53
    54   MR JUSTICE BELL:  "To be absolutely above reproach on this
    55        matter, a review of the temperature conditions applying to
    56        meat patties would be advisable."  That seems to me to be a
    57        long way away from saying they are not.  This case is not
    58        going to be won on what is in the statement of someone who
    59        McDonald's chose not to call and you chose not to call
    60        either.  You have got to be realistic about it.

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