Day 149 - 06 Jul 95 - Page 36
1 the pithing rods were sterilized. That answer was not
2 challenged.
3
4 My Lord, normally, as your Lordship knows, I do not take
5 any point on whether or not matters are challenged. I do
6 in this particular instance, because if it be said that the
7 cross-examination of Mr. Bennett gave us in some implied
8 way notice of what Ms. Hovi was going to say, which was,
9 when it came to it, that neither the sticking knives nor
10 the pithing rod were sterilized, why, then that assertion
11 by Mr. Bennett should have been contradicted (as the
12 Defendants must have known that it would be) when Ms. Hovi
13 came to give evidence.
14
15 Then, my Lord, on pages 18 and 19 of the transcript for
16 that day she dealt with the preinspection carcass washing
17 which she developed in detail when she came to give
18 evidence.
19
20 MS. STEEL: When you say "that day"?
21
22 MR. RAMPTON: 16th March. Then, my Lord, on page 21 of that
23 transcript -- most of this cross-examination, though not
24 all of it, was conducted by Mr. Morris -- there was a brief
25 reference to the sterilization of the hide puller chains.
26 Mr. Bennett asserted that they were sterilized. The
27 Defendants did not challenge that assertion. When Ms. Hovi
28 came into the witness box, she asserted as a fact that they
29 were not sterilized.
30
31 Then, my Lord, there was some cross-examination on pages 21
32 to 22 about the trollies crossing the line. I am not sure
33 that it was crossing the line. There was some
34 cross-examination about trollies being pushed through a
35 door into the dirty area. There was not anything specific
36 in that cross-examination about crossing the line which was
37 the allegation which Ms. Hovi made when she came to give
38 evidence.
39
40 Now it was Ms. Steel on page 28, there was one question
41 about whether or not there was not a risk of contamination
42 from the cutting boards used in the boning hall.
43
44 What was not put to Mr. Bennett, and whether or not at that
45 stage the Defendants knew what Ms. Hovi would say about
46 these matters, I do not know, the matters which were not
47 put -- now, my Lord, I give references to the paragraphs in
48 Mr. Bone's statement -- the first was that men were going
49 in and out of the slaughter hall from dirty to clean areas,
50 that is paragraph 9 of Mr. Bone's statement; that there was
51 a lack of proper boot wash facilities, paragraphs 10 and
52 11; that the trollies or bins in use in the slaughter hall
53 were not cleaned between use, that is paragraph 19 of
54 Mr. Bone's statement; that inspectors were frequently
55 called into the boning room or, at any rate, not rarely
56 called into the boning room because of defects found which
57 had been disguised by washing before inspection, that is
58 paragraph 27 of Mr. Bone's statement; that the state of the
59 walls in the chillers was a matter for concern on account
60 of food safety, paragraph 33 of Mr. Bone; that the boning
