Day 097 - 06 Mar 95 - Page 36

     
     1
     2   MR. JUSTICE BELL:  Yes, but the reference to "merely indicate
     3        that if the documents requested, or more modern specimen
     4        equivalents if the 12th January 1994 documents are no
     5        longer", it should be, "available, can be produced by
     6        consent, I would welcome that".
     7
     8   MR. MORRIS:  I am sorry then.  The typical day's microbiological
     9        results, I suppose, would incorporate the matters dealt
    10        with at the top of page 9 about the finished product
    11        testing.  That would be a typical day's result if they are
    12        typically done, so that would be included in the previous
    13        matter.  The one point I wanted to raise on that was that
    14        just to restate -----
    15
    16   MR. JUSTICE BELL:  Where are you now?
    17
    18   MR. MORRIS:  Top of page 9, we are talking about the previous
    19        page -----
    20
    MR. JUSTICE BELL:  What letter?
    22
    23   MR. MORRIS:  I have not a letter.  It is the top of the page.
    24        It starts off ------
    25
    26   MR. JUSTICE BELL:  Are you actually looking at the approved
    27        transcript or the one I originally handed down?
    28
    29   MR. MORRIS:  The one you handed down, I am sorry.
    30
    31   MR. JUSTICE BELL:  No, I have the actual official transcript
    32        now.
    33
    34   MR. MORRIS:  I could not find it.
    35
    36   MR. JUSTICE BELL:  May be it has not come through to you.
    37
    38   MR. MORRIS:  I do not think we got it, to be honest.  I am
    39        sorry, we may be at cross-purposes.  I have at the bottom
    40        of page 9, the paragraph which began previously:  "In my
         judgment such documents are not necessary".  Then it
    42        continues.  As I just said, the typical day's
    43        microbiological testing at McKey's would cover finished
    44        product testing which is that matter that that is all
    45        about, but that I was just concerned about Mr. North's
    46        statement when you say that he was given every facility.
    47        I day say that when we served his statement that he wanted
    48        to make it known, although he had not put it in his
    49        statement, that he had not seen the documents.  He had been
    50        told ----- 
    51 
    52   MR. JUSTICE BELL:  All I can say, you have to read the whole of 
    53        that paragraph down to the end.  At the moment I can only
    54        work on what I can read in Mr. North's statement.
    55
    56   MR. MORRIS:  Yes, but if -----
    57
    58   MR. JUSTICE BELL:  You have said you think he might say
    59        something else or in addition?
    60