Day 098 - 07 Mar 95 - Page 63
1 of the action".
2
3 MR. JUSTICE BELL: Where are you now?
4
5 MR. MORRIS: Mr. Rampton does not know what I am talking about,
6 but I have argued this about six times and I am quite fed
7 up with doing it. A number of times we have asked for the
8 typical day's microbiological testing.
9
10 MR. JUSTICE BELL: I know you have asked, but you have not yet
11 got an order for it.
12
13 MR. MORRIS: No, but Mr. Rampton keeps saying that he is looking
14 into it and, to be honest, Mr. Kenny is going to arrive
15 tomorrow morning and we should have those results.
16
17 MR. RAMPTON: My Lord, this will not do. Your Lordship did not
18 make an order. Your Lordship indicated that we should ask
19 McKey's and that is what we have done. We have asked
20 McKey's to produce the few A4 sheets to which Professor
21 Jackson referred to for that day; if those no longer exist
22 for a day as near as possible.
23
24 MR. JUSTICE BELL: When you are expecting those to arrive?
25
26 MR. RAMPTON: My Lord, I do not know. We will have to enquire,
27 but I am certainly not going, as it were, to accept the
28 gravamen of Mr. Morris' complaint in way at all.
29
30 MR. JUSTICE BELL: I am not so much concerned about the
31 complaint. What I am concerned is Mr. Kenny may come and
32 I will have to hear what the cross-examination involves,
33 but there may be a legitimate line in cross-examination
34 which would rely or might rely in part or in whole upon
35 those documents if they ever came to be disclosed. I do
36 not know when the cross-examination starts. It will appear
37 that it would be useful to look at documents which, once
38 I have heard further argument I might order to be disclosed
39 or documents which when your enquiry of McKey's is sifted
40 through they would be prepared to disclose. All I know is
41 we have Mr. Kenny coming and we hope to finish him by the
42 end of the week.
43
44 MR. RAMPTON: My Lord, in tab 5 of pink VIII there are already
45 some such documents which for 1993 -- whether it matters
46 that they are not for 12th January 1994 I no not, but there
47 is a bundle already of completed McKey microbiological
48 control summary results for the regular hamburger, the
49 Quarter Pounder, the MacRib, sausage patties, the Canadian
50 style burger and the regular hamburger, the Quarter Pounder
51 hamburger, the MacRib. So, although of course we will do
52 our best to get the ones for 12th January as soon as we
53 can, it is not that there are not documents already there
54 if the Defendants should wish to cross-examine Mr. Kenny
55 (who did not make the documents) about their significance.
56
57 MR. JUSTICE BELL: I think the point being made is that my
58 comment at 7G of the transcript merely rehearses what you
59 said during the argument which is -- I cannot remember
60 whether you said that on 6th February. If you did so it
