Day 106 - 23 Mar 95 - Page 56


     
     1        assurance they could give them was that it had not been
     2        detected at X probability given that it was at Y frequency.
     3
     4   MR. JUSTICE BELL:  I think the assurance was that it had been
     5        tested for a certain period of time and had not been so far
     6        found?
     7        A.  The way you have, my Lord, a programme ----
     8
     9   Q.   What you are saying is that even if it was there, that does
    10        not surprise you at all because of the nature of the
    11        sampling which is done?
    12        A.  It could be there, my Lord, to a fairly high level and
    13        still not be detected; there was no realistic prospect of
    14        finding it given the sampling a programme used.
    15
    16   MR. JUSTICE BELL:  Is that a convenient time to break off?
    17
    18   MR. MORRIS:  Yes.  Just on that last point, I think it was said
    19        that it has been found twice by McKey's and eight
    20        times ----
    21
    22   MR. RAMPTON:  Ten times in America in a five-year period and
    23        twice in this country.
    24
    25   MR. JUSTICE BELL:  Found twice at McKey's?
    26
    27   MR. RAMPTON:  No, once by McKey's and once by a supplier.  Dr.
    28        Gomez Gonzalez says about 10 times in the same period in
    29        America.
    30
    31   MR. JUSTICE BELL:  Is there any further investigation you want
    32        to carry out with Mr. North overnight, because if there is
    33        you had better air it now and make sure there is no
    34        objection to it?
    35
    36   MR. MORRIS:  If Mr. North can get the pesticides information by
    37        tomorrow morning, or by later on, he is trying to get it
    38        this evening, what would be the situation then tomorrow?
    39
    40   MR. JUSTICE BELL:  I will hear any argument as to whether
    41        Mr. North should go ahead with his evidence-in-chief in
    42        relation to that.  If he did so, I would not call upon
    43        Mr. Rampton to cross-examine, unless he wished to do so,
    44        because I can see it is an area where the matter having
    45        come out of the blue, as it were, he would want to feel
    46        himself properly instructed before he embarked on any
    47        cross-examination at all.  The question would be whether
    48        you wanted to embark on evidence-in-chief in relation to it
    49        or we should set aside some time in the future for
    50        Mr. North to come back and you lead any further evidence 
    51        which you want on that topic, including reference to any 
    52        learned articles he has provided, before go on to 
    53        cross-examination.
    54
    55   MR. MORRIS:  Maybe it is better to leave that then.
    56
    57   MR. JUSTICE BELL:  I will not stop you if you want to, but what
    58        you might find, in any event it has to be put over for
    59        cross-examination, in the meantime you get yourself better
    60        instructed by Mr. North and you have to start all over

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