Day 104 - 15 Mar 95 - Page 43


     
     1        by whom she was employed, and the length of her employment
     2        and the discussions she reports in her statement.  I am not
     3        aware of anything else relating to her employment.
     4
     5   MR. JUSTICE BELL:  The documents she fills in, whose documents
     6        are those?  Are you able to tell us that?  Are they local
     7        authority documents?
     8        A.  Yes, local authority documents.
     9
    10   MR. MORRIS:  So the company that employs the OVS is contracted
    11        to the local council, is that correct?
    12        A.  Yes.
    13
    14   Q.   The documents, therefore, are they in the power of the
    15        local council?
    16        A.  Yes, but -----
    17
    18   MR. JUSTICE BELL:  Do help if you can, but if you do not
    19        actually know, do not hesitate to say so, Mr. Bennett?
    20        A.  Yes, my Lord.  The OVS has an authority under the
    21        legislation to oversee and enforce the regulations.  That
    22        is an authority given to the official and, therefore, the
    23        records that he or she chooses to make in furtherance of
    24        those duties are under the official's responsibility, but
    25        will be the property of the enforcement authority which is
    26        the local authority in this case.
    27
    28   Q.   So they might well be in a file in an office in Jarrett's
    29        premises but the local authority might get very stroppy
    30        indeed if they thought Jarrett personnel were going through
    31        them?
    32        A.  Indeed.  One of the provisions of being licensed as an
    33        EEC plant is that the operator provides an office, a locked
    34        office, for the official veterinary surgeon and the records
    35        in that office will be entirely within the province of the
    36        official and nothing to do with Jarretts.
    37
    38   MR. JUSTICE BELL:  Just think for a moment if there is any more
    39        you want to ask about the documentation?
    40
    41   MR. MORRIS:  That has all been very helpful.
    42
    43   MR. JUSTICE BELL:  I asked that question because it occurred to
    44        me overnight when you were talking about Ms. Hovi's file
    45        yesterday that, albeit such a file might be in Jarretts'
    46        premises, it occurred to me that it is the regulatory
    47        authority's or enforcement authority's property rather than
    48        Jarrett's?
    49        A.  Absolutely so.
    50 
    51   MR. MORRIS:  Did Jarretts say to you why they did not want to 
    52        attend as a witness in this case? 
    53        A.  No.  I was asked to appear on their behalf.  I was
    54        given no reason why a member of Jarretts' staff did not
    55        appear.
    56
    57   Q.   They must have talked to you about Ms. Hovi?
    58        A.  Indeed they did, yes.
    59
    60   Q.   What did they say the situation was as regards her

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