Day 104 - 15 Mar 95 - Page 43
1 by whom she was employed, and the length of her employment
2 and the discussions she reports in her statement. I am not
3 aware of anything else relating to her employment.
4
5 MR. JUSTICE BELL: The documents she fills in, whose documents
6 are those? Are you able to tell us that? Are they local
7 authority documents?
8 A. Yes, local authority documents.
9
10 MR. MORRIS: So the company that employs the OVS is contracted
11 to the local council, is that correct?
12 A. Yes.
13
14 Q. The documents, therefore, are they in the power of the
15 local council?
16 A. Yes, but -----
17
18 MR. JUSTICE BELL: Do help if you can, but if you do not
19 actually know, do not hesitate to say so, Mr. Bennett?
20 A. Yes, my Lord. The OVS has an authority under the
21 legislation to oversee and enforce the regulations. That
22 is an authority given to the official and, therefore, the
23 records that he or she chooses to make in furtherance of
24 those duties are under the official's responsibility, but
25 will be the property of the enforcement authority which is
26 the local authority in this case.
27
28 Q. So they might well be in a file in an office in Jarrett's
29 premises but the local authority might get very stroppy
30 indeed if they thought Jarrett personnel were going through
31 them?
32 A. Indeed. One of the provisions of being licensed as an
33 EEC plant is that the operator provides an office, a locked
34 office, for the official veterinary surgeon and the records
35 in that office will be entirely within the province of the
36 official and nothing to do with Jarretts.
37
38 MR. JUSTICE BELL: Just think for a moment if there is any more
39 you want to ask about the documentation?
40
41 MR. MORRIS: That has all been very helpful.
42
43 MR. JUSTICE BELL: I asked that question because it occurred to
44 me overnight when you were talking about Ms. Hovi's file
45 yesterday that, albeit such a file might be in Jarretts'
46 premises, it occurred to me that it is the regulatory
47 authority's or enforcement authority's property rather than
48 Jarrett's?
49 A. Absolutely so.
50
51 MR. MORRIS: Did Jarretts say to you why they did not want to
52 attend as a witness in this case?
53 A. No. I was asked to appear on their behalf. I was
54 given no reason why a member of Jarretts' staff did not
55 appear.
56
57 Q. They must have talked to you about Ms. Hovi?
58 A. Indeed they did, yes.
59
60 Q. What did they say the situation was as regards her
