Day 089 - 15 Feb 95 - Page 81


     
     1        custody.  Do you see?  We have had, in effect, a little one
     2        just a moment ago when I asked Dr. Pattison questions. That
     3        is what it means.
     4
     5   MR. RAMPTON:  There might be further argument down the line also
     6        about relevance and about necessity.
     7
     8   MR. JUSTICE BELL:  Indeed.
     9
    10   MR. RAMPTON:  What I have in mind is this, prompted to some
    11        extent by Mrs. Brinley-Codd, one remembers the terms of the
    12        Defence, and one wonders what evidence the Defendants have
    13        or ever have had to suggest that, for example, one-third of
    14        the birds at Sun Valley reach the cutter fully conscious;
    15        one wonders what burden should be placed on Sun Valley to
    16        rebut a suggestion which has been made without any
    17        foundation in fact.  Those are the sort of arguments that
    18        I would certainly want to advance if it came to it, but
    19        I hope it does not.
    20
    21   MR. JUSTICE BELL:  No.  What would help me, if we do come down
    22        to that and relevance, is one approach would be to
    23        identify, for instance, in Dr. Gregory's evidence what he
    24        said about that side ---
    25
    26   MR. RAMPTON:  He certainly did not say anything like that.
    27
    28   MR. JUSTICE BELL:  -- and I can be taken back to that.
    29
    30   MR. MORRIS:  Yes.
    31
    32   MR. JUSTICE BELL:  We will adjourn now and resume at 10.30.
    33
    34             (The court adjourned until the following day)
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