Day 078 - 26 Jan 95 - Page 12

     
     1   MR. RAMPTON:  No, but, my Lord -----
     2
     3   MR. JUSTICE BELL:  Let us leave that on one side.  The way round
     4        such problem as there may be -- I am not ruling on whether
     5        there is a problem at the moment -- is just to put a
     6        suggestion to the witness based on the document which we
     7        have.  If then in the future we come to the point where you
     8        want to say:  "That document has some evidential value on
     9        its own", or you are calling a witness whom you say can
    10        give admissible evidence who is entitled to rely upon that
    11        document, then if there is an issue about it, I will rule
    12        on it.  But what I suggest we do at the moment is to take
    13        the same course as Mr. Morris did in relation to a document
    14        or a statement about which there was an issue, and just put
    15        to the witness what you suggest are the bare facts upon
    16        which you want his comment.
    17
    18   MS. STEEL:  Right.  (To the witness):  You had contact, I mean
    19        as in McKey's, McKey had contact with the Public Health
    20        Laboratory Service over this incident, did it not?
         A.  Yes.
    22
    23   Q.   Or they contacted you?
    24        A.  Yes.
    25
    26   Q.   You had meetings with them; is that right?
    27        A.  I had meetings in London with them, yes.  Excuse me,
    28        sir, can I ask a question?
    29
    30   MR. JUSTICE BELL:  Yes.
    31
    32   THE WITNESS:  I have never heard of a private layman customer of
    33        McKey.  Can you tell me the name of the supermarket you
    34        allege?
    35
    36   MS. STEEL:  It does not say here.
    37        A.  Therefore, I do not know if it is one of my customers.
    38
    39   MR. JUSTICE BELL:  If you just wait to answer the questions.  If
    40        you cannot answer the question, say so; if you can, do your
         best to do so.
    42
    43   MS. STEEL:  Have you seen the report by the Public health
    44        Laboratory Service?
    45        A.  No.
    46
    47   Q.   You did not see it?
    48        A.  No.
    49
    50   Q.   Do you know whether anybody at McKeys saw it? 
    51        A.  No, I do not know that. 
    52 
    53   Q.   Did you not contact the Public Health Laboratory Service to
    54        find out the results of their investigation?
    55        A.  I was involved at that time in conversations with the
    56        Department of Health at the London offices at the Elephant
    57        & Castle, and that is why I made a remark a few moments ago
    58        about whether it was or was not meat, but it was never
    59        resolved that it was meat.  There was a strong suspicion
    60        that it was milk in a local dairy because one person who