Day 110 - 29 Mar 95 - Page 09


     
     1   MR. JUSTICE BELL:  Thank you.
     2
     3                       (The witness withdrew)
     4
     5   MR. JUSTICE BELL:  Does that mean that is it for today?
     6
     7   MR. RAMPTON:  My Lord, there are some matters I would like to
     8        raise since we have a little time.  It will not take very
     9        long.  I will take them in the order in the way that they
    10        have occurred to me because there is no logical order.
    11
    12        The first thing is this, my Lord:  It arises really out of
    13        the nature and content of -- I will not call it evidence,
    14        or I reluctantly call it evidence -- the evidence given by
    15        Claire Druce yesterday and the day before.  My Lord, it is
    16        my impression -- of course, at the end of the day it is
    17        entirely a matter for your Lordship, not for me -- which is
    18        why I did not cross-examine her, she had no qualifications
    19        whatever to give evidence as an expert.  She had no
    20        relevant or very little relevant knowledge or experience of
    21        either battery farming or, more particularly, broiler
    22        farming.
    23
    24        What she did know was mostly hearsay based on what people
    25        have told her and what she has seen on the television; she
    26        had no experience whatsoever of Sun Valley.  I sat here,
    27        she being in court already called, not thinking it
    28        appropriate to make an intervention whilst she was still
    29        here.
    30
    31        The reason, my Lord, I mention those things (which will not
    32        come as a surprise to your Lordship, I know) is this:
    33        I re-read last night the statements of Mr. Long and
    34        Mr. Tyler.  I am not saying that your Lordship should make
    35        any ruling as to whether or not those two gentlemen can or
    36        cannot give evidence -- that is not what I am on my feet
    37        for -- but my suspicion is, having read their statements,
    38        that they will be as witnesses very much in the same case
    39        as Mrs. Druce.
    40
    41        What I would invite the Defendants to consider is whether
    42        it is a right and proper use of the court's time and of my
    43        clients' money, that we should sit here for a total of it
    44        looks like three days listening to evidence which really
    45        (a) is inadmissible and (b) has no serious bearing on the
    46        issues in this case.
    47
    48        There is a supplementary statement by Mr. Long which
    49        contains a bare assertion that he has seen cows which were
    50        to be slaughtered for McDonald's. 
    51 
    52   MR. JUSTICE BELL:  You say "supplementary statement"? 
    53
    54   MR. RAMPTON:  My Lord, yes.  There is a sort of additional
    55        letter.  My Lord, he is tab 1 of that bundle.
    56
    57   MR. JUSTICE BELL:  Yes.  What I have there is the date of the
    58        fax is 1st November 1993.
    59
    60   MR. RAMPTON:  That is it, my Lord.

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