Day 057 - 29 Nov 94 - Page 49
1 At least I will do my best to if I have kept the records."
2 I think there were other similar things that were brought
3 up to do with the length of timing of various of the
4 slaughter procedures. I cannot remember specifically where
5 they are at the moment.
6
7 MR. RAMPTON: My Lord, can I help about the first of those? I
8 do not know what the other ones might be because I have no
9 memory of it either. I should preface it by saying that,
10 of course, these are not our documents; they are not in our
11 possession, custody or control even if they existed.
12 Mrs. Brinley-Codd asked Dr. Gregory before he went to New
13 Zealand, after he had finished giving evidence, whether he
14 had any notes relating to these time intervals and whose
15 response was that he had none. I cannot advance it any
16 further than that. The Defendants if they want to test that
17 must look to Dr. Gregory in New Zealand.
18
19 MR. MORRIS: This does raise a matter of procedure really which
20 is that if documents are being brought up during
21 cross-examination or if a witness says they are going to
22 get further information to the court, it would be helpful
23 if this was done in a systematic way. If the Plaintiffs
24 have that information that he did not have those documents,
25 then it would save time and worry to know that
26 straightaway.
27
28 MR. JUSTICE BELL: What I think would help with Dr. Gregory is
29 if you actually make a list -- you could put it in the form
30 of questions with references and then we can see where we
31 get to on that and, if need be, there is no reason why you
32 should not communicate with Professor Gregory, as I think
33 he now is. It may be even some help would be offered you
34 in that respect. Might I suggest, for instance, in
35 relation to bottom of page 31, "What was the length of time
36 between stunning and neck cutting of broilers on Professor
37 Gregory's inspection; are there any notes or written
38 records to that effect?" Day 20, 28th July 1994, page 31,
39 line 29.
40
41 You will then be able to see, first of all, whether they
42 are significant questions and whether Mr. Rampton has any
43 information as to whether the information is actually
44 available. I can read for myself that Mr. Gregory seemed
45 to be thinking that he did have this information down in
46 Bristol. In any event, some enquiry might be made as to
47 whether there was an assistant who in any way helped him
48 with this who may have the records him or herself, I do not
49 know. .
50
51 MS. STEEL: I will check through the transcripts in relation to
52 Mr. Gregory's evidence, but as a general point I think if a
53 document is referred to in court and a witness says that
54 they are going to try to get it, if the Plaintiffs find out
55 they cannot get it they should communicate that to us to
56 save time and just for the fact of being polite apart from
57 anything else.
58
59 MR. JUSTICE BELL: Yes, but I do not think it is for one party
60 rather than the other to act as sweeper in this regard.
