Day 061 - 05 Dec 94 - Page 46


     
     1
     2   MR. JUSTICE BELL:  He gave -- was it quite as simple as that --
     3        evidence that the environment/index.html">litter was not changed, but he also gave
     4        evidence about the depth of the environment/index.html">litter and its ability to
     5        cope with or otherwise to cope with the droppings, did he
     6        not?
     7
     8   MS. STEEL:  The point is that they remained there; they were not
     9        cleaned out.
    10
    11   MR. JUSTICE BELL:  I appreciate that, but if they drop into a
    12        deep bed of environment/index.html">litter it may or may not be clean.  It does not
    13        follow that because there are droppings in the environment/index.html">litter that
    14        it is not clean.  I mean, you may well when you refer me to
    15        the evidence say (and I may accept) that is the end result
    16        of it, but it is not just a clear-cut question of it not
    17        being clean because the environment/index.html">litter is not changed, is it?
    18
    19   MS. STEEL:  I cannot remember the exact figures, but I recall
    20        him saying something in that part of his evidence that at
    21        the end, by the time the sheds are cleaned out, the environment/index.html">litter
    22        was composed of something like about 80 or 90 per cent
    23        faeces.
    24
    25   MR. JUSTICE BELL:  It may be.  But I do not think you are
    26        obliged to put the detail of it to the witness but, unless
    27        you do so, he can hardly comment, can he?  I mean, the
    28        witness needs to be reminded of just what was said if he is
    29        to comment.  It is not an invitation to do that because you
    30        can refer me to it in due course and comment on it then.
    31
    32   MS. STEEL:  If it is the case that by the time the broiler sheds
    33        are cleared of the chickens for slaughter, the vast
    34        majority of the environment/index.html">litter on the floor is composed of their
    35        droppings, would you accept that that is not what most
    36        people would consider to be clean?
    37        A.  I think Sun Valley consider that it is clean because if
    38        they did not they may well have a major disease problem in
    39        their chicken grow out houses, and I am sure they would
    40        change that if that were the situation.  So, I think they
    41        would consider that to be clean, yes.
    42
    43   MR. RAMPTON:  My Lord, your Lordship's point is, if I may so
    44        with respect, a very good one.  I am looking at day 19.
    45        I start at the bottom of page 7.  I have not finished
    46        reading yet, but the evidence of Dr. Gregory certainly does
    47        not support the question which Ms. Steel has put.  She
    48        should not try to suggest that the evidence of Dr. Gregory
    49        supported her proposition unless she is willing to let the
    50        witness read the evidence. 
    51 
    52   MR. JUSTICE BELL:  Ms. Steel, might I suggest that this is a 
    53        matter which you can take up later because I am obviously
    54        going to have to be asked to consider the evidence of
    55        Dr. Gregory and draw my own conclusions from it.  What the
    56        witness has said is that he does not think that Sun Valley
    57        can consider it unclean otherwise they would be taking an
    58        unjustified risk with disease.  That may be right, that may
    59        be wrong, but can you actually ask him any more about it?
    60        That is his answer to that question.

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