Day 309 - 03 Dec 96 - Page 48
1 allegations in the preceding paragraph -- which, in any
2 case, are more akin to what the ordinary person would
3 understand was torture -- there is mental or emotional --
4 I do not know what to say about animals -- there is an
5 imposition of fear in that paragraph, as well as direct and
6 unjustified cruelty in the word "beaten". It may be that
7 inefficient stunning -- and suppose the jury thought often
8 enough -- leads to a kill while the animal was still
9 conscious, for them to say, "Well, that is not good
10 enough." But if they did not also think it true that the
11 animals struggle to escape and become frantic as they watch
12 the animal in front being prodded, beaten, electrocuted and
13 knifed, then I would put quite a lot of money on their
14 saying: "Well, there is a reduction in damages because
15 this is, overall, not a justification."
16
17 MR. JUSTICE BELL: They do not come out squeaky clean, but there
18 is no substantial justification for the overall allegation.
19
20 MR. RAMPTON: The reason I say that is that the jury would be
21 (I hope) asking themselves: does the fact that that
22 happens, however frequent or infrequent, does that really
23 justify the sting of this, which is torture?
24
25 Of course, if that be right (which we would say it was)
26 then one goes on to consider the evidence and one finds --
27 I am summarising it now, and I am not proposing to go
28 through it unless your Lordship wants me to, I am
29 summarising it now in this way -- that, at the very worst,
30 according to Dr. Gregory, the standards obtaining in all of
31 the institutions, suppliers, that he visited -- and he
32 knows Sun Valley quite well -- are, as I said, to put it at
33 its lowest, above average. When one reflects upon that and
34 asks the question, "Could such a person be thought guilty
35 of torture", the answer must be "no".
36
37 MR. JUSTICE BELL: There is the general sting, you have said, of
38 utter indifference to the welfare of animals, or if one
39 substitutes cruelty or inhumanity. There being that
40 general allegation, are the Defendants entitled to rely on
41 any other cruel practices ---
42
43 MR. RAMPTON: Yes.
44
45 MR. JUSTICE BELL: -- which there may be, apart from ones that
46 are specified? They must be, because it is a general
47 charge, is it not?
48
49 MR. RAMPTON: In relation to torture, undoubtedly. If the
50 Defendants could prove that -- even if all the things said,
51 the specific things said in this pamphlet in relation to
52 torture were untrue, but the Defendants could show that
53 other equally horrendous things were being done on
54 McDonald's behalf, then that would be a justification,
55 undoubtedly -- different to the defence of fair comment, of
56 course.
57
58 MR. JUSTICE BELL: I think somewhere you suggest -- yes, on
59 page 2 -- you say "as usual, McDollars McGreedy".
60
