Day 100 - 09 Mar 95 - Page 25

     
     1        complaint was made under the old Food Act because the
     2        actual incident occurred before the 1990 Food Safety Act
     3        was brought in.  So, there was not a due diligence defence
     4        in that, in the old Food Act.  So, all that had to be
     5        proven was that the offence had been committed.  I believe
     6        McDonald's pleaded guilty to that.
     7
     8   Q.   There was also an incident in April 1991 at Kingston
     9        Magistrates, was there not, where McDonald's were fined for
    10        serving an under-cooked McChicken Sandwich?
    11        A.  I am trying to recall.
    12
    13   MR. JUSTICE BELL:  It has been admitted that in April 1991
    14        Kingston Magistrates fined McDonald's £750 with £1500 costs
    15        for serving an under-cooked Chicken Sandwich to a customer.
    16
    17   MS. STEEL:  You were aware of that, were you, or not?
    18        A.  It does ring a bell, Kingston, but I cannot honestly
    19        with hand on heart say that I recall that.
    20
    Q.   So, you do not know what the cause of that incident was?
    22        A.  No, I do not.
    23
    24   Q.   Do you know whether it was investigated?
    25        A.  I am sure it was.  I cannot recall it so I cannot say
    26        categorically, but certainly if it went to Magistrates
    27        court then it would have been thoroughly investigated.
    28
    29   Q.   There was another incident (which I am not sure whether
    30        that has resulted in a court case or not) last year when at
    31        McDonald's in Shrewsbury a customer was served under-cooked
    32        Chicken McNuggets -----
    33
    34   MR. RAMPTON:  Ms. Steel said that she was not sure whether that
    35        was a court case or not.
    36
    37   MS. STEEL:  Yes.
    38
    39   MR. RAMPTON:  Unless she is saying that there was, she has to
    40        accept that there was not.
    41
    42   MS. STEEL:  I am asking about an incident, not about a court
    43        case.
    44
    45   MR. RAMPTON:  No, exactly.
    46
    47   MR. MORRIS:  We cannot assume that because we do not know that
    48        there was one that there was not one.
    49
    50   MR. JUSTICE BELL:  No, do not worry.  Just ask about the 
    51        incident.  Put the incident. 
    52 
    53   MS. STEEL (To the witness):  There was an incident in Shrewsbury
    54        where a customer were served uncooked Chicken McNuggets
    55        which contained Salmonella, are you aware of that, are you?
    56        A.  Yes, I am aware of the incident.
    57
    58   Q.   What investigations have you carried out into that?
    59        A.  I did not carry out the investigations into that, it
    60        was a colleague of mine who did the investigations.