Day 289 - 29 Oct 96 - Page 24


     
     1        something tantamount to what is actually in the statement,
     2        and I do not suppose for a moment when we come to figures
     3        it would be anything different, provided that he was led to
     4        the figures at all.
     5
     6   MR. RAMPTON:   He was, yes.
     7
     8   MR. JUSTICE BELL:   Yes.
     9
    10   MR. RAMPTON:   He was.  In fact, I mean, it was tantamount to
    11        his averring his statement, if your Lordship reads his
    12        evidence-in-chief which is not very long.
    13
    14   MR. JUSTICE BELL:  Very well.
    15
    16   MR. RAMPTON:   I think you will see that that is what happened.
    17
    18   MS. STEEL:   I can read it from the transcript.  I have found
    19        the relevant bit in the transcript anyway.
    20
    21   MR. JUSTICE BELL:   Yes.  It is not a point of criticism what
    22        you are saying, it is just a certain wariness that saying
    23        something was actually in evidence and, lo and behold, it
    24        turns out it was not.
    25
    26   MS. STEEL:   OK.  On day 18, page 22, Mr. Rampton asked at line
    27        20:  "Sometimes the birds can get an electric shock before
    28        they are actually stunned, is that right?"  He says,
    29        "Yes."  Question: "Did you observe that happening at
    30        Sun Valley? "  Answer:  "Yes, I did."  Question:  "In what
    31        percentage of the birds that you examined? "  Answer,
    32        "I would say it is difficult to give an accurate estimate
    33        on that.  As far as I can tell it was 13.5 percent, but
    34        this is open to a more accurate estimate."
    35
    36   MR. JUSTICE BELL:   Yes, very well.
    37
    38   MS. STEEL:   He said that that was from the examination of 200
    39        birds.
    40
    41   MR. JUSTICE BELL:   It is a rather complicated way of saying 27
    42        birds, is it not?
    43
    44   MS. STEEL:   Yes.  True.  (Pause) So that would be 22,950 birds
    45        every day receiving pre-stun shock.  I mean, I am sure,
    46        because it is in his statement -- may be it is not.
    47        I don't know, did he say somewhere during his evidence that
    48        pre-stun shocks cause distress and can be painful?
    49
    50   MR. JUSTICE BELL:  Do not get bogged down in it.  What I suggest 
    51        you do, when you are referring to Dr. Gregory, you can just 
    52        say what your points are.  I have not brought them with me, 
    53        but I have made quite good notes in relation to his
    54        evidence.  Other witnesses I have not.  I recall only
    55        partly.  So I am more concerned that you give me references
    56        to other witnesses, if you have got them, of concessions,
    57        what you say amount to concessions.
    58
    59   MS. STEEL:   Right.  He also said that one percent of birds,
    60        which is around 1,350 a day, were decapitated without being

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