Day 094 - 01 Mar 95 - Page 04
1 A. On the form it is a scale.
2
3 Q. What other kind of forms are there which would show a more
4 severe criticism than "critical" so that you would know
5 what US DA thought?
6 A. For instance, what they are looking for is not the
7 minor, major, and total criticals. What they are looking
8 for is what is called the SPL, the Statistical Process
9 Level. It is not a sanitary level. The number -----
10
11 Q. Find that for us on these forms, or are there other forms
12 which show it? Remind me what "SPL" stands for?
13 A. Statistical Process Level.
14
15 Q. Stick to the April through June. Unfortunately, they --
16 let us stick to 07100, if we can, April through June. That
17 is the same establishment and the same period. I think it
18 finishes on bundle page 63.
19
20 MR. MORRIS: Yes, it is 50 to 63. It seems to be the complete
21 set.
22 A. I do not see the explanation on there. The US DA
23 regulations. It is explained what they mean and the
24 purpose -- if need be, I can provide that information.
25
26 MR. JUSTICE BELL: I think all I will declare it is up to the
27 parties to put whatever evidence they wish in front of me.
28
29 MR. RAMPTON: My Lord, I was going to say something about that.
30 The Defendants have a case to make. They have had these
31 documents, as we know, since the early part of July of last
32 year. They say that they over-looked them, but they
33 reemerged during cross-examination, the first part, of
34 Dr. Gomez Gonzalez in December. One would have thought
35 that the Defendants, if they were to make anything of these
36 documents, would have been in a position to offer your
37 Lordship some evidence about what these standards actually
38 mean.
39
40 MR. JUSTICE BELL: That may be so, but at the moment I can see
41 for myself that whatever is under paragraph 02 and,
42 particularly, paragraph 02A, which is preoperation
43 sanitation of facilities equipment, when one gets to the
44 very bottom line on page 63 the percentage of task which
45 attracts some comment is 7.27 per cent, because it attracts
46 comment on 279 instances out of 3,839 tasks performed. In
47 fact, nearly half of those instances appear in paragraph
48 02A. But that might still on my present state of
49 information make me think that the results on 02A were
50 pretty lousy.
51
52 That is what, on the face of it, I get from the document;
53 if I am wrong about that, then there we are.
54
55 MR. RAMPTON: What I am saying, I think, is this: This witness
56 is saying your Lordship is wrong about that. He has given
57 some explanation ------
58
59 MR. JUSTICE BELL: I had not understood it.
60
