Day 067 - 15 Dec 94 - Page 40


     
     1        A.  That is correct.
     2
     3   MS. STEEL:  The Plaintiffs appear to be putting quite a lot of
     4        reliance on this Humane Slaughter Act.  Whilst we were
     5        given a copy of some US documents about the hygiene
     6        regulations, we have never been given a copy of this Humane
     7        Slaughter Act.  I feel that it ought to be disclosed by the
     8        Plaintiffs otherwise they should not be able to place any
     9        reliance on it whatsoever.
    10
    11   MR. JUSTICE BELL:  I do not think that is strictly correct
    12        because it is a matter of law.  If there is any challenge
    13        as to what the law is, then it normally has to be evidence
    14        of a specific kind.  I think this may be rather different
    15        in that it is -----
    16
    17   MR. RAMPTON:  I do not want to interrupt your Lordship.  I have
    18        been trying for some considerable time to get an actual
    19        copy of the Act.  I think what I am now looking at, which
    20        I was given 10 minutes ago, is actually both a copy of the
    21        Act of 1958 and of a material amendment of 1978, 20 years
    22        later.  I have not read it all yet, but I am quite content
    23        to hand copies over now to the Defendants.  I do not
    24        believe that we have an obligation of discovery in relation
    25        to what is essentially -----
    26
    27   MR. JUSTICE BELL:  No, I was going to go on to say this may be
    28        rather different because it could be argued that it has
    29        been, as it were, brought into the evidence by reference to
    30        it, in effect, saying:  "That is our policy".
    31
    32   MR. RAMPTON:  Yes.  Anyhow here it is, as far as I can tell.  It
    33        is a pretty rotten copy.  It is legible.  This, in fact, is
    34        a Senate report on a proposed amendment to the 1958 Act,
    35        but it does contain within it the text of the Humane
    36        Slaughter Act 1958.
    37
    38   MR. JUSTICE BELL (To the witness):  Does your department back in
    39        Illinois have a copy of the Act in it?
    40        A.  I do not know.
    41
    42   Q.   You do not know?
    43        A.  No.
    44
    45   MR. RAMPTON:  I suspect, though I do not know, this has come off
    46        Barlow Lyde & Gilbert's library, I do not know.  It may be
    47        best if I hand up copies for the moment of what I have.
    48
    49   MR. JUSTICE BELL:  Please sit down for the moment, Dr. Gomez
    50        Gonzalez. 
    51 
    52   MR. RAMPTON:  I think the text of 1958 Act begins on the page 
    53        which is numbered 13 on the top, which is about the sixth
    54        page in.  The amendment comes at the end.  (Pause).
    55
    56   MR. JUSTICE BELL:  Look, I think we should move on.  What I have
    57        read in there would appear to indicate to me that the
    58        Humane Slaughter Act 1958 and the methods of Humane
    59        Slaughter Act 1978 apply to humane slaughter and handling
    60        of animals for slaughter which I would have thought was

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