Day 114 - 04 Apr 95 - Page 67
1 Mr. Rampton. This never cropped up in the case before.
2
3 MR. JUSTICE BELL: What is your objection to Dr. Long doing his
4 best to read as much as he can by Thursday morning?
5
6 MR. MORRIS: If he wishes to it cannot do any harm. I think
7 Mr. Rampton has to put things to the witness. He cannot
8 expect the witness to identify for him -- I am pretty
9 overwhelmed by it really. Dr. Long has given his evidence
10 relating to pigs and cattle and it is up to Mr. Rampton to
11 try to show that is not the case.
12
13 MR. JUSTICE BELL: Yes.
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15 MR. MORRIS: It is not up to the witness to do that for him.
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17 MR. JUSTICE BELL: Just pause a moment. There may be, I do not
18 know because I have not been keeping a score, matters on
19 which Dr. Gregory gave evidence, for instance, which
20 Dr. Long has not actually touched on at all. Let us
21 suppose there is a topic such as that. What I think
22 Mr. Rampton is saying is, well, the position will then be
23 that in fact Dr. Gregory has given evidence to such an such
24 an effect on that topic. Dr. Long has not given evidence
25 to any effect either agreeing with Dr. Gregory or
26 disagreeing with him on that topic. I am then left, if
27 that is the situation, with Dr. Gregory's evidence. I will
28 make of it what I will, but the fact will be if there is
29 such an area of evidence that Dr. Long has not commented
30 one way or another. Reading the transcript gives him an
31 opportunity to see if there are matters he has not spoken
32 on where he would wish to challenge Dr. Gregory but has not
33 so far done so.
34
35 Now what I am saying is if Dr. Long does not mention any
36 such topic on Thursday, I am not automatically going to
37 infer he agrees, but it will give him the opportunity to
38 pick up points which he may not have so far dealt with as
39 you take him through his evidence-in-chief where he
40 disagrees with Dr. Gregory. If that is so, what
41 disadvantage is this to you?
42
43 MR. MORRIS: It is no disadvantage, but I do not believe that
44 Mr. Rampton is doing this because he wants our side to have
45 the benefit of identifying things that we have missed out
46 that Dr. Long can raise further concerns about animal
47 welfare.
48
49 MR. JUSTICE BELL: I am not too worried with the motive. I am
50 looking at the consequences and whether it is adverse to
51 your interests.
52
53 MR. MORRIS: I think that I am pretty stunned really that
54 Mr. Rampton should suggest this is the way forward for
55 cross-examination, that Dr. Long has given extensive, if a
56 bit hurried because obviously we felt under pressure at the
57 time, but he has given quite extensive opinions about the
58 conditions of cattle and pigs to where we feel we have laid
59 down what our case is. Now if Mr. Rampton wants to try to
60 knock that case down he should do so in the normal way.
