Day 301 - 15 Nov 96 - Page 06
1 to the transfer because of the effects of dosing with
2 antibiotics, there is damage to human health or problems
3 caused thereby to human health.
4
5 At the bottom of page 65 on that day, Mr. Rampton cited the
6 lack of incidents, although it is not the lack of
7 incidents, actually; it is the lack of reported, catalogued
8 and revealed incidents that we have managed to be able to
9 find. Obviously, as far as we are concerned, what we have
10 found is just the tip of an iceberg. That is quite clear
11 from the evidence of complaint procedures and undercooking
12 at stores. But he said that the lack of incidents would be
13 the same for most food premises, i.e., the lack of known
14 and investigated food poisoning incidents.
15
16 At the top of page 65 on that day, he said the important
17 thing about food poisoning was that it was preventable.
18 And on page 71, line 27, he said, E.Coli, for example, can
19 be eliminated, E.Coli O157H. He was certainly taking
20 E.Coli and campylobacter risks very seriously.
21
22 Can I just say, in case Mr. Rampton, as he did say at one
23 stage during the case, "Oh, Dr. North has accepted X, Y and
24 Z and therefore that is that", if that is going to be his
25 legal position, then I can say now that we want every
26 admission by all McDonald's witnesses in our favour to be
27 deemed to be the end of the argument on the subject,
28 especially if it is from their key witnesses.
29
30 MS. STEEL: I think the important thing is that Mr. North did
31 say that as far as he was concerned the statement that was
32 in the fact sheet about food poisoning was true. (Pause)
33
34 MR. MORRIS: Employment conditions.
35
36 MR. JUSTICE BELL: Yes.
37
38 MR. MORRIS: I suppose I have to deal with meaning first. If I
39 start off with the counterclaim, that is the easiest one,
40 and get that out of the way. McDonald's say that the
41 leaflet says that McDonald's exploits staff, particularly
42 those who are black or female, and that is a lie. Well,
43 exploiting staff is a comment and obviously we say that it
44 is a comment that a person could reasonably hold, honest
45 comment. But it is not -- to say that is a lie is not a
46 comment that anyone could reasonably hold. That is all
47 they say about employment.
48
49 Just one thing that struck me; if it is going to be deemed
50 that the word 'lies' is a comment -- I don't see how it can
51 be -- then McDonald's have brought in their document -----
52
53 MR. JUSTICE BELL: Who has suggested that?
54
55 MR. MORRIS: No one, actually. Just in case Mr. Rampton tries
56 some fancy footwork on that.
57
58 MR. JUSTICE BELL: Well, he has not suggested that it -----
59
60 MR. MORRIS: Okay, but he would have to justify it then from
