Day 288 - 28 Oct 96 - Page 37


     
     1
     2   MR. JUSTICE BELL:   Do you think that may be 89?
     3
     4   MS. STEEL:   I do not know.  It might be.
     5
     6   MR. JUSTICE BELL:   My recollection is anyway that whatever Dr.
     7        Gregory saw was untypical, and I have forgotten what the
     8        reason was, but I was given a reason why.  I thought he
     9        said it was 80, why it was up to 80 on that day.
    10
    11   MS. STEEL:   I think it is in Dr. Gregory's statement about the
    12        75 to 80.
    13
    14   MR. JUSTICE BELL:  But after he gave evidence, it became
    15        apparent that he had gone off to New Zealand, it became
    16        apparent, I think, that it was not normal, that it was
    17        lighter than normal.
    18
    19   MS. STEEL:   That was despite the fact that Mark Patteson had
    20        put in his statement that the conditions outlined in Dr.
    21        Gregory's statement were typical of Sun Valley units.
    22
    23   MR. JUSTICE BELL:  I am not sure it was not a perfectly innocent
    24        reason, that the lighting had actually been turned up the
    25        better for him to see what was actually there.
    26
    27   MS. STEEL:   But Mark Patteson should have noted that when he
    28        read Dr. Gregory's statement.
    29
    30   MR. JUSTICE BELL:  Well, is there any need for that?   I
    31        actually rather liked Dr. Patteson, I must say.  That does
    32        not mean to say that all these points are not perfectly
    33        good ones.
    34
    35        If I can explain, there is no need to say someone has
    36        conspired to distort in order to show that they are wrong.
    37
    38   MS. STEEL:   It is not particularly that.  It is just that
    39        I think there has been this general practice of the
    40        Plaintiffs saying, "oh, yes, so and so's statement is all
    41        true", without actually, you know, bothering to check
    42        whether or not it is correct.  Or maybe they are told, I do
    43        not know.
    44
    45   MR. JUSTICE BELL:  Well, that may be.  There were a lot of
    46        things Dr. Patteson made no bones about.
    47
    48   MS. STEEL:   Right.
    49
    50   MR. JUSTICE BELL:  I mean, a view to take is that he is an 
    51        extremely well-meaning man with the interests of these 
    52        chickens very much at heart and trying to do his best 
    53        within the very considerable constraints of the industry he
    54        is working in.
    55
    56   MS. STEEL:   I take issue with that, bearing in mind that he is
    57        disregarding the recommendations of his own committee.
    58
    59   MR. JUSTICE BELL:  Which would not detract from your point one
    60        bit.

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