Day 110 - 29 Mar 95 - Page 05

     
     1
     2   Q.   So even though it was December it was broad daylight?
     3        A.  Yes.
     4
     5   Q.   How long were you there, 10 minutes, or did you stay longer
     6        after the lorry had gone through the gate?
     7        A.  We hung around for about five minutes after the lorry
     8        had gone in; probably there in all about 20 minutes.
     9
    10   Q.   What was the weather like?
    11        A.  It was a dull day.  It was not raining but it was
    12        overcast and cold.
    13
    14   Q.   Sorry, it was cold?
    15        A.  Yes.
    16
    17   Q.   Did the lorry not have any tarpaulins at the sides of it?
    18        A.  It did, yes.
    19
    20   Q.   So how then were you able to inspect the birds?
         A.  Well, these were -- the tarpaulin was like flaps which
    22        were tied along the side.  These were taken off and lifted
    23        up.
    24
    25   Q.   By you or by your group?
    26        A.  By the group.
    27
    28   Q.   Were they?  The driver made no protest about that?
    29        A.  Not that I am aware of.
    30
    31   Q.   Really?  You remember you made a statement, a written
    32        statement, for this case which you signed on 28th July
    33        1993?
    34        A.  Yes.
    35
    36   Q.   You told us this morning that you saw that one bird had had
    37        its leg hanging out of the crate at an angle from which you
    38        deduced that the leg was broken?
    39        A.  Yes.
    40
    Q.   Why then did you say in your written statement "the
    42        protruding legs of several birds had been broken and hung
    43        limply"?
    44        A.  Well, several birds had their legs sticking out, but
    45        the one bird whose leg was definitely broken was one that
    46        I could look at, it was right next to me.  The other birds
    47        with legs sticking out were on all sorts of places higher
    48        than me.  I was not able to tell, but I could definitely
    49        say that one bird's leg was broken.
    50 
    51   Q.   You realise, I suppose, it is a dangerous thing when you 
    52        make a written statement for court proceedings to 
    53        exaggerate what you actually saw, do you not?
    54        A.  I do not know what you mean by "dangerous".
    55
    56   Q.   It might mislead the court, might it not?  It might mislead
    57        the other side if you do not write down accurately what you
    58        actually saw?
    59        A.  Well, I feel I did write accurately what I saw.
    60