Day 100 - 09 Mar 95 - Page 41


     
     1        one and the same.
     2
     3   Q.   If it fails, i.e. it is above some specified amount?
     4
     5   MR. JUSTICE BELL:  No, that is the point he is taking, you see.
     6
     7   MR. MORRIS:  What does it mean then?
     8        A.  Well, if it fails, if it fails the microbiological
     9        analysis, if they deem it spoiled or above -- if they deem
    10        it spoiled, then they will reject it.
    11
    12   MR. JUSTICE BELL:  What I think it might mean is this (and it
    13        may be a matter for construction rather than this,
    14        Mr. Kenny's witness), you test meat temperature on
    15        arrival.  The MacFact card says, you may argue, if it fails
    16        the meat temperature test on arrival it will be rejected.
    17        That may or may not mean that if it is over, say, four
    18        degrees, or whatever the specification is it will be
    19        rejected, because it may be thought that although these are
    20        standards there is an element of discretion, and if it
    21        comes in at 4.4 it is going to be thought:  "Well, our
    22        standard is four degrees, it is a little above that, but we
    23        do not think that invalidates the meat" and they let it
    24        in.
    25
    26        The fact is the meat temperature on arrival has been
    27        subjected to the quality control check.  It has been
    28        decided that it has not failed although it is above the
    29        amount.  I think that is all Mr. Kenny is saying.  I am not
    30        saying that is right, and I am not passing a judgment at
    31        this stage on the accuracy of the MacFact card, but it is
    32        really argument, is it not?
    33
    34   MR. MORRIS:  No.  It is partly argument and it is partly
    35        evidence.
    36
    37   MR. JUSTICE BELL (To the witness):  That is what you are saying,
    38        in effect, is it?
    39        A.  In effect, yes.  In a nutshell, that is what I was
    40        trying to say.
    41
    42   MR. MORRIS:  If McKey's set a standard of four degrees, that is
    43        their standard, their specification to their suppliers,
    44        whether it is 5,000,000 or 10,000,000 count; are you saying
    45        then that all those specifications which you have are
    46        basically not specifications at all, that, in fact, it is
    47        really up to the person doing the checks if something does
    48        fail a particular check, it can still go through if that
    49        person felt ---
    50        A.  No. 
    51 
    52   Q.  -- that was no problem to them? 
    53        A.  No, that is not true.  What I am saying is McDonald's
    54        only has one specification and that is the specification
    55        for the finished product.  That is the only specification
    56        that McDonald's, as a company, has to insist on.  Now
    57        McKey's ---
    58
    59   Q.   Have their specification?
    60        A.  -- McKey's have to deliver a product at the end of

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