Day 085 - 08 Feb 95 - Page 43


     
     1   MR. JUSTICE BELL:  Point me to the bit of his statement where he
     2        says that.
     3
     4   MR. MORRIS:  I am sorry, yes.
     5
     6   MR. JUSTICE BELL:  It is always helpful.  For instance -- it has
     7        occurred to me -- while you are going through someone's
     8        statement, if you always give the page and the paragraph,
     9        one can find it immediately, otherwise one is scouring over
    10        pages one probably never need look at.
    11
    12   MR. MORRIS:  It is Mr. Clark's statement, page 11.  There is the
    13        large paragraph in the centre and it is the second sentence
    14        after that.  It says:  "However to be absolutely above
    15        reproach", it says, "a review of the time/temperature
    16        conditions would be advisable."   Obviously, that is only
    17        one abstracted part.
    18
    19   MR. JUSTICE BELL:  What I want to know is, have you got a case
    20        to put to this witness or any other witness who deals with
    21        it that, for instance -- this, in fact, is old equipment so
    22        it is not the best example anyway, if one is comparing with
    23        what Mr. Clark is reporting -- have you got a suggestion
    24        that it should be reading instead of 325, 340, 330, 345 or
    25        something like that?
    26
    27   MR. MORRIS:  It seems from various documents, including
    28        Mr. Clark's chart on page 14, that the recommended
    29        temperature limit for the lower grill in the clamshell -- I
    30        do not know if that is exactly the same as that calibration
    31        check list -- should be 350; whereas the document we have
    32        just looked at says that there are, if you like, blind
    33        spots or whatever at certain parts of the grill that would
    34        be as low as 325.  So, we are trying to identify where
    35        there are weak areas or room for improvement, and that
    36        could be the cause of food poisoning incidents.
    37
    38   MR. JUSTICE BELL:  That is not even this equipment.  That is a
    39        clamshell grill with a top plate and a lower grill, is it
    40        not?  I am going to invite you to carry on with your
    41        cross-examination in a moment, but the sort of point I have
    42        in mind, the moment it becomes apparent that this is old
    43        equipment, gas fired, as I understand it, it clearly does
    44        not relate to any equipment to which page 14 refers, does
    45        it?  It may relate to something else which is why I am
    46        inviting you to refer to it.
    47
    48   MS. STEEL:  I think this is the type of equipment that was in
    49        use at Preston when they had the outbreak there.
    50 
    51   MR. JUSTICE BELL:  Yes, then if you have a figure to put, this 
    52        is what I want to know, for instance:  Let us suppose you 
    53        might ask if he knows this was the equipment at Preston
    54        Friargate, Mr. Atherton might not know at all.  If you have
    55        a suggestion to make, for instance, that there would not
    56        have been any outbreak of food poisoning at Preston if the
    57        plates had been a minimum of 340 rather than 325, that is
    58        what I need put, or are we just on a search for an
    59        explanation of what appendix 2 means, because the moment
    60        you find it is about a gas fired thing, unless you have a

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