Day 079 - 27 Jan 95 - Page 49
1 which a Judge can stay a Plaintiffs' claim or bar a
2 Defendant from defending unless the Plaintiff or the
3 Defendant being an actual party to the action provides
4 facilities for inspection or medical examination or
5 whatever it may be.
6
7 MR. MORRIS: So -----
8
9 MR. JUSTICE BELL: My recollection is that that is the stand
10 I took when the matter arose before. Correct me if I am
11 wrong.
12
13 MR. MORRIS: So why was not Mr. North allowed to visit abattoirs
14 on behalf of the Defendants as an expert witness?
15 A. I do not know.
16
17 Q. Did you contact the abattoirs or were you asked to contact
18 the abattoirs?
19 A. I remember the conversation when I was asked if
20 Mr. North could come to McKey and I agreed to that.
21 I think I was asked my opinion as to whether Mr. North
22 could go to abattoirs and knowing certain things ---
23
24 MR. JUSTICE BELL: Can you keep your voice up?
25 A. I beg your pardon, sir -- and knowing certain things
26 I think I actually recommended that we did not ask people
27 like Midland Meat Packers to allow Mr. North to go there.
28 They have had a lot of problems with certain types of
29 attitudes.
30
31 Q. You have got 59 abattoirs supplying McKey's. Are you
32 saying you were not willing to ask a single one of those
33 whether Mr. North could visit, as requested?
34 A. I think at the time, trying to remember back my thought
35 pattern, yes, I was not prepared to ask them to let
36 Mr. North go in to see them -- I am speaking from memory.
37
38 Q. So why not?
39 A. I suppose, my Lord, I have got to answer that?
40
41 MR. JUSTICE BELL: Yes.
42 A. Mr. North's attitude is well-known within the meat
43 industry. His ideas are not agreed with in the meat
44 industry. To ask principals of abattoirs to allow
45 Mr. North to go in there, I knew what the answer would be.
46
47 MR. MORRIS: So is he critical of abattoir practice or something
48 like that?
49 A. Yes.
50
51 Q. That was your concern?
52 A. Yes, I had no objection to him coming in to McKey
53 because I am responsible for McKey and the standards of
54 McKey and I had confidence in them.
55
56 Q. So when he came to McKey's you did not allow him access to
57 any documents at McKey's, did you?
58 A. No.
59
60 Q. Why did not you allow him access to any documents at
