Day 098 - 07 Mar 95 - Page 61


     
     1   Q.   Can you explain exactly what you meant by that?
     2        A.  I mean that the meat inspectors detain a carcass or
     3        part of a carcass for whatever reason they choose to.  They
     4        then decide whether that whole carcass or part of that have
     5        carcass or any of that carcass should be condemned.  We
     6        have no say in that.
     7
     8   Q.   You have no say in that.  Is that what you said?
     9        A.  Yes.
    10
    11   Q.   So if one of the employees sneaked in under the nose of the
    12        meat inspector and removed a piece of meat from the
    13        detained room, removed it on to the chilled room, that
    14        would not be allowed, is that right?
    15        A.  Certainly not, no.
    16
    17   MR. RAMPTON:  My Lord, those are all the questions I have.
    18
    19   MR. JUSTICE BELL:  Thank you, Mr. Chambers.
    20
    21                       (The witness withdrew).
    22
    23   MR. JUSTICE BELL:  We have Mr. Kenny tomorrow?
    24
    25   MR. RAMPTON:  My Lord, we do.
    26
    27   MR. JUSTICE BELL:  There is allowance for him until the end of
    28        the week.
    29
    30   MR. MORRIS:  I do not know if now is a suitable time to finish
    31        off the comments on the Ruling that you made?
    32
    33   MR. JUSTICE BELL:  By all means say anything further you want.
    34
    35   MR. RAMPTON:  My Lord, I should say this before Mr. Morris does
    36        that.  The Defendants must expect to start cross-examining
    37        Mr. Kenny tomorrow because I shall not go a day with him.
    38
    39   MR. JUSTICE BELL:  Yes, very well.  If they are comments on
    40        things which I have suggested should or might be done, that
    41        is something to raise after I have left court with someone
    42        who is acting for McDonald's.  Only if all communication
    43        has broken down should I really be used as a go-between,
    44        and I hope things have not got quite as bad as that.  If
    45        there are things where you say you might want to raise
    46        points again in the future, I do not mind you telling me
    47        that, but it is really for you to choose on your moment and
    48        have your ammunition ready.  Once I have given a ruling,
    49        that is a ruling on the information available to me at that
    50        time.  In a long case that information sometimes changes, 
    51        becomes positively different or it advances and one has 
    52        more information, but let us approach the ruling in that 
    53        light.
    54
    55   MR. MORRIS:  I was a little bit concerned about some of the
    56        matters that might relate to Keith Kenny's evidence in
    57        terms of discovery that the Plaintiffs are looking into or
    58        whatever, or considering their position.  I cannot remember
    59        exactly what it was now, but certainly the typical day's
    60        microbiological testing results.  This was argued on 6th

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