Day 101 - 10 Mar 95 - Page 54
1 witnesses basically saying how happy and well looked after
2 all their animals are, which I would consider the whole
3 issue of the animal welfare to be a matter of opinion; and
4 to me it is an outrage that it has even been brought in the
5 case. But, it having been brought in, I have had to listen
6 to it. I have had to listen to people making comments that
7 five chickens in a cage is comfortable, and I just feel
8 that there needs to be a little bit of sanity in putting to
9 the witness some kind of objective view rather than just a
10 business view.
11
12 MR. JUSTICE BELL: You are going to have all the opportunity in
13 the world to put that to me at the end of the day.
14
15 MR. MORRIS: Mr. Rampton says I ought to put my positive case to
16 the witness.
17
18 MR. JUSTICE BELL: No, he does not in relation to this.
19
20 MR. RAMPTON: My Lord, what I said was that if Mr. Morris has a
21 positive case about the actual conditions of transport, not
22 the fact of transport, the actual conditions of transport
23 which might be improved or are in some sense deficient
24 which this witness can deal with, then he ought to put it
25 as a question of fact.
26
27 MR. JUSTICE BELL: I doubt even that that is necessary with
28 Mr. Kenny.
29
30 MR. RAMPTON: My Lord, I agree.
31
32 MR. JUSTICE BELL: I am not stopping you from putting your
33 case. I am inviting you to put it in a way which might
34 advance our stock of information further, and put it to
35 witnesses who can give answers which invite our stock of
36 information any further. I am inviting you to the
37 conclusion that I will take it for granted that McDonald's
38 either find these practices acceptable, or, if the
39 practices are unacceptable, have not had in place
40 procedures which will bring them to their notice so they
41 can stop them. I wonder what you are actually gaining by
42 asking further questions on it.
43
44 MR. MORRIS: If I may, again, just make the comment which covers
45 the whole case, is that we have noticed that Mr. Rampton
46 attempts to move the goal posts of what the actual issues
47 and conflicts are.
48
49 MR. JUSTICE BELL: Even if that were so, that has nothing to do
50 with my intervention. I am not trying to stop you
51 following a valid line of enquiry. One has a number of
52 witnesses who have already been asked quite a lot of
53 questions about it. You have more to come. We have not
54 even started on your examination in relation to it.
55
56 MR. MORRIS: We have nearly finished. These are winding up
57 points.
58
59 MR. JUSTICE BELL: Yes. Just bear that in mind.
60
