Day 290 - 30 Oct 96 - Page 11
1
2 Quite frankly, you can come back on it, if you want, but at
3 the moment I think there is a general sting here which is
4 defamatory. I am completely uncertain that it is utter
5 indifference. Just pause a moment. (Pause)
6
7 MR. RAMPTON: The paragraph in Gatley is 45 on page 23, and 46
8 and 47.
9
10 MR. JUSTICE BELL: If I were to decide, for instance, that the
11 sting is that the Plaintiffs, by which I mean both, condone
12 or are culpably responsible for cruel or inhumane practices
13 in the rearing and slaughter of what we conveniently call
14 their animals, then you would say in any event that is
15 justified.
16
17 I am having at the moment to keep an open mind, as I must,
18 to think that the sting is something like that and that
19 that is defamatory, and I do not think that inconveniences
20 or handicaps you in any way. You make all these points.
21 You have nearly finished with the chickens, and you are
22 going on to cattle and pigs, and say that is substantially
23 justified.
24
25 And in so far as there are individual stings within that
26 overall sting relating to inhumanity as to artificial
27 conditions, and cutting throats whilst still fully
28 conscious and so on, you say those are justified as well.
29 One has all these highly refined rules of law, but it is
30 all pretty sensible at the end of the day. The issue is
31 pretty clear. Anyway, make a note if you want and then
32 carry on with what you were saying. Yes, you were telling
33 me about ----
34
35 MS. STEEL: I think I have finished that point anyway.
36
37 MR. JUSTICE BELL: Dr. Potter's report.
38
39 MS. STEEL: I think I have finished that point. I am just
40 trying to cut through a lot of the notes I have got.
41
42 MR. JUSTICE BELL: Yes. (Pause).
43
44 MS. STEEL: I think this is the final point on Clare Druce's
45 evidence. Is on day 109, page 6, line 18. I asked her
46 about an assertion by the Plaintiffs. I couldn't remember
47 who it was who had made the assertion, whether it was
48 McDonald's or whether it was Dr. Gomez Gonzales or Dr.
49 Pattison or whoever. But the assertion that it would not
50 be in the farmers' own interests to have individual animals
51 or birds dying because it would cost them money, and
52 I asked whether or not she had any comment on that. And
53 she said that certainly in relation to chickens, that they
54 are very low value birds and that is one of the problems,
55 they are very low value individually and it can be economic
56 to reckon on losing a percentage of them, and that was what
57 she believed happened. And she said that poultry do suffer
58 from that aspect of being low value animals.
59
60 MR. JUSTICE BELL: Yes.
