Day 100 - 09 Mar 95 - Page 27

     
     1        documentation is forthcoming.  Hopefully what, if anything,
     2        comes by agreement will be sufficient.  If there is a
     3        dispute about it, I will rule on it.
     4
     5        You can put it to Mr. North.  You can ask him about it
     6        before he gives evidence.  You can ask him about it, if you
     7        wish, when he is in the witness box.  You can then decide,
     8        since Mr. Kenny will by then have left the witness box,
     9        whether you want to ask for him to be recalled to ask him
    10        any further questions or not which may very well depend
    11        upon what Mr. North has said.
    12
    13   MR. MORRIS:  I think we should get the documents before
    14        Mr. North comes into the witness box.
    15
    16   MR. JUSTICE BELL:  Yes, I am accepting that, but what I am
    17        suggesting you might fairly do is, if you have been unable
    18        to complete Mr. Kenny anyway because you have not got the
    19        documents, you can leave Mr. Kenny, if he will forgive me
    20        for saying so, on one side until we have had Mr. North's
         evidence, and you can see whether there really is anything
    22        you should put to Mr. Kenny once Mr. North has given
    23        evidence.
    24
    25   MR. MORRIS:  We are in a little bit of difficulty at the moment
    26        in organising our questioning.  I do not know what the
    27        appropriate thing might be to do.  I could struggle on.
    28
    29   MR. JUSTICE BELL:  No, I do not want to you struggle on.  What,
    30        broadly, have you to cover apart from any McKey
    31        microbiology?
    32
    33   MR. MORRIS:  Yes, I have prepared stuff on McKey's and I do not
    34        really want to go into that until we have the documents.
    35        There is the whole issue of animal welfare which we were
    36        not ready to start, but that has not even been touched on
    37        yet.
    38
    39   MR. JUSTICE BELL:  How long is animal welfare going to take?
    40
    MR. MORRIS:  Helen says not that long -- I do not know what that
    42        means exactly -- but quite a lot of witnesses kept saying:
    43        "That is something you should speak to Mr. Kenny about or
    44        his department".
    45
    46   MR. JUSTICE BELL:  Is there anything else apart from that?
    47
    48   MR. RAMPTON:  May I make an observation?  I willingly accept
    49        that questions arising out of such documents as we may
    50        obtain from McKey's (and I do not know when; of course, 
    51        I hope sooner rather than later), if there are any left 
    52        when Mr. North and others have given evidence, those should 
    53        wait over.  I do not presently see why the whole topic of
    54        McKey's -- some of which was dealt with at some length
    55        yesterday -- should go with it.  If there any other matters
    56        to be dealt with touching on the relationship between
    57        McKey's and food safety which do not depend on these, if I
    58        can call them, new documents, why, then they should be
    59        dealt with.
    60