Day 290 - 30 Oct 96 - Page 08


     
     1        also referred to the consensus of opinion that 120
     2        milliamps is likely to cause cardiac arrest in almost all
     3        of the birds, and that that was desirable, and that there
     4        were companies' processing plants using that method who
     5        supply well-known supermarkets and Harrods with no
     6        complaints of carcass, or, you know, no problems about
     7        carcass quality.  So basically the effect of that was there
     8        was no reason why Sun Valley could not use the same methods
     9        which were considered to be about the most humane way of
    10        slaughtering poultry.
    11
    12        Can I just refer to a report which was cited by Mrs.
    13        Druce.  This was on day 109, page 18.  It was a paper
    14        produced by the RSPCA, or written by Dr. Potter from the
    15        RSPCA who was head of the Farm Animals Department.  She
    16        quoted him as saying in this report, and the document is in
    17        the bundle so it can be checked:  "Chicken meat production
    18        goes on behind closed doors and the public would be
    19        horrified if they could see the conditions in which their
    20        Sunday roasts live."  Obviously, that would apply to
    21        chickens made into Chicken McNuggets as well, it is not
    22        just about chickens made for Sunday roasts.  We would say
    23        that this is completely true and, I mean, this is relevant
    24        to what you were raising the other day about whether or not
    25        it would be defamatory of the Plaintiffs about the fact
    26        that animals were reared and slaughtered in this way or
    27        whether or not -----
    28
    29   MR. JUSTICE BELL:  No, no, that is a complete misunderstanding
    30        of what I meant to say.  What I was expressing was doubt as
    31        to whether it is defamatory to say simply that someone is
    32        responsible for the slaughter of large numbers of animals
    33        for food and the same might apply to responsibility for
    34        suffering of animals, because, whether you like it or not
    35        and however many vegetarians there may be in the United
    36        Kingdom, bearing in mind the Charlesworth case -- do you
    37        remember that was the one with the neighbour's picture --
    38        I have to go through the exercise of the putative ordinary
    39        reader, and it may be that the ordinary person does not
    40        think it is defamatory to say of someone they are
    41        responsible for the deaths of large numbers of animals, or
    42        simply that they are responsible for suffering, because
    43        that begs an issue as to the degree of suffering and it may
    44        be that the ordinary person accepts that a certain amount
    45        of suffering is involved in the life of animals reared for
    46        food, just as it is involved in normal human existence.
    47
    48        You do not actually have to worry about this.  It is a bit
    49        of a red herring because at the moment I have no doubt that
    50        the leaflet actually means more than that, but that was the 
    51        sole context of it all.  You would only have to worry about 
    52        it if I said at the end of the day, 'All the leaflet means 
    53        is that McDonald's are responsible for the deaths of a
    54        large number of animals and they are responsible for some
    55        suffering, not culpably responsible, just responsible for
    56        some suffering.'  And that is the whole extent of the
    57        comment I was making.  So it does not stand in the way of
    58        any of your arguments.
    59
    60        I personally feel, at the moment, not having heard all the

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