Day 064 - 08 Dec 94 - Page 19


     
     1        A.  OK.  If these allegations are true, I would not need to
     2        have to respond to McKey.  You understand -- we have told
     3        you previously -- that McKey have 40 quality control checks
     4        on incoming raw materials.  If the claims are true in this
     5        statement, the control checks would not get passed and the
     6        meat would be rejected.
     7
     8   MR. JUSTICE BELL:  Look, I suggest that you leave it there with
     9        this witness.  He is just saying he does not think it can
    10        be true because of their checks.  You are going to call
    11        evidence in due course.  McDonald's, for all I know, may
    12        choose to call evidence in relation to these allegations.
    13        That is what we ought to be concentrating on.
    14
    15   MR. MORRIS:  Yes.  With respect, Mr. Oakley is responsible for
    16        the quality of the meat that arrives at McDonald's.  They
    17        have specifications and a certain kind of a relationship
    18        with their suppliers.  You said, for example -----
    19
    20   MR. JUSTICE BELL:  No.  Are you addressing me still?
    21
    22   MR. MORRIS:  No, sorry, I was going to ask a question.
    23
    24   MR. JUSTICE BELL:  No, you are not going to ask any more
    25        questions on this until we have dealt with it because at
    26        the moment I cannot see you will be prejudiced by the
    27        course we follow.  If, in due course, it turns out that
    28        there is truth in these allegations, or some of it, you
    29        will be able to say:  "Look, whatever Mr. Oakley said about
    30        checks and balances and their standards and everything was
    31        nonsense in this respect or that respect because of the
    32        evidence you have heard in relation to this abattoir and
    33        McKey Foods".
    34
    35        I cannot at the moment see that you can usefully pursue the
    36        matter with Mr. Oakley when he has said that he does not
    37        know about these matters, and he has made it clear that in
    38        his view it could not happen because of the procedures they
    39        have.  The next step is to wait and see what evidence we
    40        have as to whether these faults and failures did exist.
    41        Then you can ask me to draw the appropriate conclusions so
    42        far as Mr. Oakley's evidence is concerned.
    43
    44        You have your potential witness there to call.  You have
    45        got someone coming from McKey Foods who may be much more
    46        directly involved and would be able, presumably,
    47        straightaway to tell you whether this is a supplying
    48        abattoir.
    49
    50   MR. MORRIS:  Can I ask one question about the third page then? 
    51        McKey's, you have said, supply Holland and Denmark? 
    52        A.  Yes. 
    53
    54   Q.   Denmark, it is with UK beef?
    55        A.  Yes.
    56
    57   Q.   If they are supplying beef from herds which have not been
    58        properly checked for being BSE free, as you have said,
    59        which is claimed, that would be an infringement of EC
    60        regulations, would it?

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