Day 148 - 05 Jul 95 - Page 50


     
     1        possibility and that contact contamination includes contact
     2        with walls.  So I do not see that as new.
     3
     4        Point 35 is the general hygiene point.  The witness is not
     5        disagreeing with her fact of what the cutting boards are
     6        made of, just her interpretation.  Mr. Bennett had an
     7        opportunity to comment.  Point 36 is about sterilization;
     8        that is something that was adequately referred to in her
     9        statement.  Then we come on to the mince meat shift.
    10
    11   MR. JUSTICE BELL:   Do you say you actually put that to
    12        Mr. Bennett when he gave evidence before Ms. Hovi was
    13        called?
    14
    15   MR. MORRIS:  About the?
    16
    17   MR. JUSTICE BELL:   Cutting boards.
    18
    19   MR. MORRIS:  I do not think I put it to Mr. Bennett, or we put
    20        it to Mr. Bennett, but the Plaintiffs could have done.
    21
    22   MR. JUSTICE BELL:   The point taken against you is that there
    23        was no mention in Miss Hovi's statement about the cutting
    24        boards.  Therefore, there was no reason to ask Mr. Bennett
    25        about it.  You did not cross-examine Mr. Bennett about it.
    26        So the first that was heard about it was when Ms. Hovi gave
    27        evidence.
    28
    29   MR. MORRIS:  On that specific detail, you mean?
    30
    31   MR. JUSTICE BELL:  Yes.  So the Plaintiffs are saying, "We
    32        should have an opportunity to call a witness in relation to
    33        that".  If that is wrong, put me right on it.
    34
    35   MS. STEEL:   From what I can see, the cutting boards came in as
    36        a result of the Bristol Food Laboratory swab test reports,
    37        which are referred to on day 104 of Mr. Bennett, page 27.
    38        It is referred to as cutting block but, as far as I can
    39        remember, that was cutting board.  It is the same thing,
    40        and the results of the tests that we were asking -- this
    41        was actually in examination-in-chief, but I know we asked
    42        Mr. Bennett about the results of the tests and I think ----
    43
    44   MR. JUSTICE BELL:  I appreciate that, but my recollection is
    45        (which may be quite wrong) I know we went into that, but
    46        the first one heard about the surface of the cutting boards
    47        being excessively warm and not easily cleanable, therefore,
    48        came when Ms. Hovi went into the witness box, which might
    49        be taken as the first one had heard of that to support what
    50        was suggested were poor readings on that.  If that is 
    51        wrong, put me right on it. 
    52 
    53   MS. STEEL:  To be honest, I cannot remember.  But there is no
    54        dispute about poor readings.  It does not particularly
    55        matter what was the cause of it and I think she was
    56        probably just trying to ----
    57
    58   MR. JUSTICE BELL:  That might be a matter for argument in due
    59        course when all the evidence has been heard.
    60

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