Day 163 - 25 Sep 95 - Page 32

     
     1        Hygiene and Employment Conditions, does it?
     2
     3   MR. MORRIS:  Yes.  The Food Poisoning section needs a bit of
     4        preparation.
     5
     6   MR. JUSTICE BELL:  You were going to or you were contemplating
     7        producing a further statement on that, were you not?
     8
     9   MR. MORRIS:  From Mr. North; I have left a message for him but
    10        he has not got back to me, so I am still pursuing that, but
    11        that pleading is not dependent on a further statement.
    12        That is all from already gathered evidence in the case.
    13
    14   MR. JUSTICE BELL:  Are you expecting Mr. North to add to it?
    15
    16   MR. MORRIS:  I am certainly expecting him, yes, to make a
    17        further statement.  I do not know if he is away or what.
    18        I have left a message for him.  I will try to contact him
    19        again.
    20
    MR. JUSTICE BELL:  I think you should because I do not know what
    22        my ruling will be on that, but if I were to think that the
    23        matter fell short at the moment and then you got a
    24        statement from Mr. North we would only be arguing it yet
    25        again, as it were, in the future when it could have been
    26        disposed of finally if you got Mr. North's statement
    27        first.  I am not trailing my coat to know what
    28        Mr. Rampton's reaction was, but no doubt he would like to
    29        see Mr. North's statement before he forms a view about it.
    30
    31   MR. MORRIS:  Yes, as I say, the pleading there, proposed
    32        amendment or addition, is all based upon evidence already
    33        heard.
    34
    35   MR. JUSTICE BELL:  If nothing is coming from Mr. North, then you
    36        should make your application on Food Poisoning, but if you
    37        have some expectation of getting something from Mr. North
    38        in the near future, I think you should wait to get it and
    39        then do it all in one piece.
    40
    MR. MORRIS:  That only leaves the Exports of Brazilian Beef and
    42        that should be a simple matter, because -- if I can find
    43        the right section -- that was really what Dr. Gonzales said
    44        in the witness box.
    45
    46   MR. JUSTICE BELL:  I made a ruling in relation to Brazilian beef
    47         ---
    48
    49   MR. MORRIS:  You did, yes.
    50 
    51   MR. JUSTICE BELL:  -- on 25th July. 
    52 
    53   MR. MORRIS:  Amazingly enough, at the time we made that
    54        application it had completely slipped my or our minds that
    55        Dr. Gonzales had admitted the import to McDonald's of
    56        Brazilian beef on day 69.  I think you said when I made the
    57        application before that I had no examples, I could not
    58        justify a general belief; I had to show some examples where
    59        I reasonably believed that McDonald's had imported
    60        Brazilian beef in other countries or used imported