Day 114 - 04 Apr 95 - Page 67


     
     1        Mr. Rampton.  This never cropped up in the case before.
     2
     3   MR. JUSTICE BELL:  What is your objection to Dr. Long doing his
     4        best to read as much as he can by Thursday morning?
     5
     6   MR. MORRIS:  If he wishes to it cannot do any harm.  I think
     7        Mr. Rampton has to put things to the witness.  He cannot
     8        expect the witness to identify for him -- I am pretty
     9        overwhelmed by it really.  Dr. Long has given his evidence
    10        relating to pigs and cattle and it is up to Mr. Rampton to
    11        try to show that is not the case.
    12
    13   MR. JUSTICE BELL:  Yes.
    14
    15   MR. MORRIS:  It is not up to the witness to do that for him.
    16
    17   MR. JUSTICE BELL:  Just pause a moment.  There may be, I do not
    18        know because I have not been keeping a score, matters on
    19        which Dr. Gregory gave evidence, for instance, which
    20        Dr. Long has not actually touched on at all.  Let us
    21        suppose there is a topic such as that.  What I think
    22        Mr. Rampton is saying is, well, the position will then be
    23        that in fact Dr. Gregory has given evidence to such an such
    24        an effect on that topic.  Dr. Long has not given evidence
    25        to any effect either agreeing with Dr. Gregory or
    26        disagreeing with him on that topic.  I am then left, if
    27        that is the situation, with Dr. Gregory's evidence.  I will
    28        make of it what I will, but the fact will be if there is
    29        such an area of evidence that Dr. Long has not commented
    30        one way or another.  Reading the transcript gives him an
    31        opportunity to see if there are matters he has not spoken
    32        on where he would wish to challenge Dr. Gregory but has not
    33        so far done so.
    34
    35        Now what I am saying is if Dr. Long does not mention any
    36        such topic on Thursday, I am not automatically going to
    37        infer he agrees, but it will give him the opportunity to
    38        pick up points which he may not have so far dealt with as
    39        you take him through his evidence-in-chief where he
    40        disagrees with Dr. Gregory.  If that is so, what
    41        disadvantage is this to you?
    42
    43   MR. MORRIS:  It is no disadvantage, but I do not believe that
    44        Mr. Rampton is doing this because he wants our side to have
    45        the benefit of identifying things that we have missed out
    46        that Dr. Long can raise further concerns about animal
    47        welfare.
    48
    49   MR. JUSTICE BELL:  I am not too worried with the motive.  I am
    50        looking at the consequences and whether it is adverse to 
    51        your interests. 
    52 
    53   MR. MORRIS:  I think that I am pretty stunned really that
    54        Mr. Rampton should suggest this is the way forward for
    55        cross-examination, that Dr. Long has given extensive, if a
    56        bit hurried because obviously we felt under pressure at the
    57        time, but he has given quite extensive opinions about the
    58        conditions of cattle and pigs to where we feel we have laid
    59        down what our case is.  Now if Mr. Rampton wants to try to
    60        knock that case down he should do so in the normal way.

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