Day 100 - 09 Mar 95 - Page 02
1 MR. RAMPTON: Before Mr. Kenny goes back into the witness box,
2 some pieces of paper, if I may; first of all, an update of
3 the lavender diary, then a better and complete copy of
4 appendix 2 to Mr. Kenny's second statement, the Sea Fish
5 Industry Authority/Torry Research Station moral purchase
6 specification as it is called.
8 MR. JUSTICE BELL: It has the top on.
10 MR. RAMPTON: Yes, and, in fact, it is a much better copy as
11 well. Then, my Lord, the question of the McKey documents.
12 Mrs. Brinley-Codd spoke to McKey's last night -----
14 MR. JUSTICE BELL: I left my list out overnight. It seems to
15 have disappeared.
17 MR. RAMPTON: I am sure we have another one. Obviously, your
18 Lordship is concerned to know what that list is based on.
19 The position is this (which I did not know yesterday but do
20 know this morning, learned last night), that all the
21 documents underlying that sheet and many other similar
22 sheets which could be made for a considerable period in
23 1993 and 1994 were destroyed in error. I will show your
24 Lordship how it happened in a moment.
26 On 24th November 1994, that is to say, of course, after
27 Professor Jackson's visit, the result is that the documents
28 or any similar documents to those which Professor Jackson
29 saw no longer exist.
31 The circumstances in which those documents were destroyed
32 are these, that McKey have for some time now been storing
33 their documents, their records, including the results of
34 microbiological testing, with an organisation known as
35 Group Four Securitas. On 24th November 1994 that
36 organisation in error took or sent a whole section of the
37 archive to the local authority who incinerated it. My
38 Lord, I will hand in, if I may, three documents -----
40 MR. JUSTICE BELL: Does that include all the support, including
41 for finished product testing?
43 MR. RAMPTON: May I tell your Lordship in a minute what the list
44 your Lordship has is actually based on, because plainly it
45 could not have been based on the documents which have been
46 destroyed. I will hand in now, if I may, three documents,
47 all connected. The first is a letter from Group Four to
48 McKey dated 14th December 1994 explaining what happened.
49 The second is the delivery note, if that is what it is --
50 it calls itself a weigh ticket and transfer note -- in
51 respect of the documents which were destroyed at the Lister
52 Road incinerator which is a local authority.
54 Then, my Lord, a part of a sheet which is, in fact, a list
55 of all the documents in its complete form, all the
56 documents which were destroyed by this error, from which
57 your Lordship will see that the last three items -- we have
58 blanked out the rest because they are irrelevant documents;
59 they are matters such as relating to financial questions,
60 things of that kind -- reported as having been destroyed