Day 206 - 22 Jan 96 - Page 17

     
     1        out, you know, his expert conclusions on the situation.
     2        But he was not able to do that in the witness box.  He was
     3        asked to go away, effectively, and do a statement in order
     4        to be able to do that exercise, which he has done here.  In
     5        his statement, the fourth paragraph refers to the Preston
     6        report, the first sentence, about the appearance of the
     7        store.  The sixth paragraph, he refers to general evidence
     8        in the case, so far as his understanding is, about working
     9        pressures and equipment problems and the youth of
    10        employees, in terms of the danger of undercooking -- I mean
    11        the occurrence of undercooking.
    12
    13        In the next paragraph, he refers to the report specifically
    14        in terms of the report's reference to the process plant
    15        from which the burgers emanated.  Then he says in the first
    16        full paragraph on the second page:  "What was also evident
    17        from the subsequent inquiry was that there were many
    18        aspects of the McDonald's cooking operation which could
    19        have been improved."  That, presumably, is a reference to
    20        the report and the number of failures that happened,
         referred to in the report.
    22
    23        So, this seems to be the statement that was being expected
    24        or encouraged or suggested or proposed.
    25
    26        His final opinion -- "In my overall opinion, therefore, the
    27        McDonald's chain in the UK continues to regard adherence to
    28        hygiene codes as more of a marketing tool than an issue of
    29        public safety" -- is an important conclusion, not just that
    30        superficial hygiene is not the issue, but that it is being
    31        used as an alternative to fundamental hygiene; in fact, it
    32        is being used publicly for that purpose.  So, I think that
    33        it does do what was suggested, and he gives his expert
    34        opinion on the subject ---
    35
    36   MR. JUSTICE BELL:  Yes.
    37
    38   MR. MORRIS:  -- which is, he is critical of the Company.  The
    39        second -- shall I go on to the second report?
    40
    MR. JUSTICE BELL:  No.  I need not trouble you about that.
    42
    43   MR. MORRIS:  The second -----
    44
    45   MR. JUSTICE BELL:  I need not trouble you about that.
    46
    47   MR. MORRIS:  OK.
    48
    49   MR. JUSTICE BELL:  You do not want to say anything in reply, do
    50        you, Mr. Rampton? 
    51 
    52   MR. RAMPTON:  No, except I would like to know what the 
    53        difference is between hygiene and fundamental hygiene.
    54
    55   MR. JUSTICE BELL:  There may be an argument about that in due
    56        course.
    57
    58                  (See separate transcript for ruling)
    59
    60   MR. RAMPTON:  In the light of that, can I just suggest that time