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
