Day 090 - 16 Feb 95 - Page 03

     1        I understand, represents the results of the tests done on
     2        the raw material as it arrives at the processing plant in
     3        France.
     5   MR. JUSTICE BELL:  Yes.
     7   MR. RAMPTON:  My Lord, the next bunch of sheets which has a
     8        different file number because it relates to rearing and
     9        slaughter and not to food safety is a day's checks done by
    10        Sun Valley in Hereford on the whole process in the factory
    11        up to the point where the product is divided according to
    12        its destination.  In other words, these documents are
    13        common to the whole process.  There comes a point when the
    14        product which is destined for McDonald's or for the
    15        supermarket gets divided.  That is the point at which the
    16        French documents, if I may put it like that, take over the
    17        story.
    19   MR. JUSTICE BELL:  Yes.
    21   MR. RAMPTON:  My Lord, the other thing your Lordship asked us to
    22        try to find was a microbiological summary for a convenient
    23        month as early back in history as we could, a
    24        microbiological summary, similar to the one your Lordship
    25        sees for August.  That we have not been able to find, but
    26        I am surprised at the fuss that was made about our failure,
    27        supposed failure, of discovery yesterday, because if one
    28        looks, first of all, at tab 8 in volume pink VIII, one
    29        finds (and I drew attention to it yesterday while
    30        Dr. Pattison was giving evidence) these are not monthly
    31        summaries, these are weekly summaries, a microbiological
    32        summary for a week in 1989, for a week in 1990, those are
    33        the first two documents, then in more legible form a
    34        similar document for a week in May of 1993 and then,
    35        finally, in that tab there is one for a second week in
    36        1990.  A better copy of the last of those summaries which
    37        is the week commencing 25th November 1990 is to be found at
    38        appendix 5 to Mr. Keith Kenny's statement which is in
    39        volume yellow VII at tab 1.
    41        So, in effect, what one has there are four sample weekly
    42        summaries.  They are not proformas.  They have been filled
    43        in for 1989, two in 1990 and one in 1993.  It may be that
    44        in those circumstances your Lordship will think that is the
    45        extent of our obligation.
    47   MR. JUSTICE BELL:  I think what I will do is I will hear
    48        cross-examination, anything the Defendants wish to put to
    49        me on it.  When you are cross-examining -- is there
    50        anything more you want to say, Mr. Rampton? 
    52   MR. RAMPTON:  No, my Lord, unless anybody at this stage wants 
    53        any help with the French but perhaps that is best left for
    54        the moment.
    56   MR. JUSTICE BELL:  No.  When you are cross-examining it would
    57        help me, if there is going to be any issue as to discovery,
    58        if you would actually put to the witness what, if anything,
    59        you challenge in the witness's evidence and if you raise
    60        any question of discovery, if you would do your very best

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