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

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