Day 089 - 15 Feb 95 - Page 27


     
     1        what actually happens.  At the moment I am on what does not
     2        happen as to which one could cover a day's work without
     3        getting to the point, unless one uses this document.
     4
     5   MR. JUSTICE BELL:  You are perfectly entitled to object to a
     6        leading.  If you object, it means that the advocate on the
     7        other side must not lead.  Leading questions are often
     8        asked to move things along at a slightly quicker pace if
     9        the person asking the question really does not think that
    10        it will be suspected that the witness will be telling a lie
    11        about that.
    12
    13        If you are going to challenge the witness on a topic in
    14        saying:  "That is quite wrong; you do go drown birds" or
    15         "You do suffocate birds" then, of course, it is quite
    16        right to make the objection.  If you are not, in fact,
    17        going to put to Mr. Pattison, and the same would apply to
    18        any other witness, that he is lying, if what you want to
    19        challenge are the consequences of what he does, then you
    20        have to think, as any advocate would, whether you take the
    21        point about leading questions, because if you do take it
    22        Mr. Rampton has to not ask a leading question and it may
    23        slow thing up.  That is all.
    24
    25   MS. STEEL:  I understand that in terms of some of the negatives,
    26        but I mean there was a question about they should be killed
    27        by a skilled operator now.
    28
    29   MR. JUSTICE BELL:  Fair enough.
    30
    31   MS. STEEL:  It would have been easy for Mr. Rampton just to say
    32        who are they killed by without leading and saying that.
    33
    34   MR. JUSTICE BELL:  Yes, very well.
    35
    36   MR. MORRIS:  In general, we do not object but we have been
    37        continuously interrupted by Mr. Rampton when we have been
    38        referring to documents which does move things on, and I
    39        think that in the sake of the smooth running of the case it
    40        would be helpful if he did not challenge us as often as he
    41        did.
    42
    43   MR. JUSTICE BELL:  I have to take each challenge as it comes up.
    44          I am merely making the point because this was to a
    45        leading question.  I have tried to explain what the normal
    46        practice is so far as leading questions are concerned.
    47
    48   MR. MORRIS:  It does move things on quicker when there are
    49        documents.
    50 
    51   MR. RAMPTON:  I give no undertaking about my own interventions, 
    52        but if your Lordship thinks they are misplaced your 
    53        Lordship, as once or twice you have, will say so and I will
    54        be properly rebuked.  (To the witness):  Can I ask,
    55        Dr. Pattison, after the chicks, the unwanted however many
    56        it be, 200, 300, are disposed of, what happens next?  I am
    57        coming back to the method of disposal in a minute.  After
    58        they have been killed, what happens to the bodies?
    59        A.  The bodies are inspected to make sure that the chicks
    60        have been killed and then they go into a waste macerating

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