Day 148 - 05 Jul 95 - Page 45


     
     1   MR. MORRIS:  Yes.  I am not sure what to do next really.
     2
     3   MR. JUSTICE BELL:   Do not forget you have the Ms. Hovi/Mr. Bone
     4        matter.  You have on several occasions over the last few
     5        weeks said, either in terms or by implication, that you
     6        strongly oppose that, so you must know the basis upon which
     7        you oppose it.
     8
     9   MR. MORRIS:  Yes.
    10
    11   MR. JUSTICE BELL:   So why not tell me what that basis is?
    12
    13   MR. MORRIS:  Thinking on my feet, because I had not prepared to
    14        do this particular application, Mia Lisa Hovi should be
    15        released in any event, whatever happens to Mr. Keith Bone
    16        or otherwise.  She should be released in any event, and
    17        whether we recall her should be up to us.
    18
    19        As for Keith Bone, our basic position is that the
    20        Plaintiffs' action in this issue has been an abuse of
    21        process.  We served a statement of Ms. Hovi before
    22        Christmas last year and they were given time to call a
    23        witness within a certain time.  I believe they went over
    24        the date -- I cannot remember now -- but they eventually
    25        came up with a witness who for reasons best known to the
    26        Plaintiffs was not an employee of Jarretts, and had limited
    27        personal knowledge, although he had knowledge of the
    28        systems, he had helped set up the system.  He dealt with
    29        quite a wide range of issues in a general sense.  That was
    30        their witness in response to Mia Lisa Hovi.  That was
    31        Mr. Bennett.
    32
    33        Then after Mia Lisa Hovi gave her personal experience about
    34        the conditions that were relevant in this case, having
    35        served a quite comprehensive statement in terms of the
    36        issues -- obviously, further details come up during
    37        examination and cross-examination, as they have come with
    38        every single witness since the case started and, no doubt,
    39        will continue.  Then, as far as we can see, every single
    40        item that was canvassed in examination and
    41        cross-examination of Mia Lisa Hovi had been covered by her
    42        statement and/or had been raised by Mr. Bennett.
    43
    44        Obviously, the Plaintiffs are not happy that Mr. Bennett
    45        dealt with the issues as effectively as our witness.
    46        Therefore, they want to call another witness which they
    47        have pretended with great protestation that they were all
    48        taken by surprise by our witness and it is all really
    49        unfair.
    50 
    51        As far as I remember the way the evidence went for Mia Lisa 
    52        Hovi, there was only one issue that raised eyebrows which 
    53        she brought up.  That was about how the meat plant boning
    54        room had been used during the night for another company or
    55        something, some other process, which would affect the
    56        cleaning which I said was a new issue, even though, of
    57        course, it still comes under the heading of general hygiene
    58        matters.  But it is my recollection that, in fact, this was
    59        in response to some evidence given by Mr. Bennett about the
    60        cleaning in the boning room.  So, in fact, it was only Ms.

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