Day 089 - 15 Feb 95 - Page 80
1 Q. But it goes on -- is an entry made or not?
2 A. An entry is usually made if there is something
3 unsatisfactory with the procedure, otherwise it would
4 normally just be ticked.
5
6 Q. So there is a form of check list?
7 A. Yes.
8
9 Q. How long are those kept for, once ticked or noted?
10 A. I really could not answer that question.
11
12 Q. Could you make some enquiries to find out what the position
13 is with regard to that?
14 A. Yes, I can do.
15
16 MR. JUSTICE BELL: Is that document one of the documents in the
17 bundles somewhere, Mr. Rampton?
18
19 MR. RAMPTON: The HACCP?
20
21 MR. JUSTICE BELL (To the witness): What did you call it?
22 A. HACCP is a document that is included in the court
23 documents.
24
25 MR. RAMPTON: My Lord, I hope all that will be all right.
26 I hope it is not too onerous and I hope it does not take
27 too long. Above all I hope that the directors of Sun
28 Valley will say "yes". If they say "no", then we have a
29 problem, but I hope it will not be so.
30
31 MR. JUSTICE BELL: If they say "no", it may well be that the
32 only -- well, one may to have to come and give evidence
33 because the only evidence I have at the moment is what
34 Dr. Pattison has said in the witness box subject, of
35 course, to any answers he may give if you ask him
36 questions, or Ms. Steel or Mr. Morris do, on what one might
37 call a voir dire into the admissibility of these documents.
38
39 MR. RAMPTON: Absolutely. I entirely agree. It directs on the
40 present state of the evidence (which is not satisfactory by
41 any manner of means, if your Lordship is going to have to
42 try to construe the contractual position between McDonald's
43 and Sun Valley), if we are going to go down that road on
44 the present state of the evidence, we would certainly have
45 to call additional evidence, whether by affidavit or in
46 person, would be a matter for your Lordship.
47
48 MR. JUSTICE BELL: Yes. Let us wait and see what the response
49 is. The voir dire is particularly used, it is mostly in
50 criminal trials. If you have an argument about the
51 admissibility of evidence, you sometimes have to have a
52 little trial-within-a-trial before you can decide whether
53 it is admissible or not.
54
55 The sort of situation I have in mind here, if it came down
56 to the line, if it was necessary, we might have to break
57 off the main trial and have a little trial for an hour or
58 two, or however long it took, when evidence was called in
59 order to decide whether documents were actually in
60 McDonald's power, if they were not in their possession or
