Day 020 - 28 Jul 94 - Page 27
1 to me that someone may have given you the impression that
an effective way of cross-examining is to produce these in
2 cross-examination with an expert witness. I do not want
to enquire as to what you have been told. If you have
3 been told that by any one, in my view, it is wrong.
4 MS. STEEL: No, it is something Mr. Rampton said that made me
think that earlier on.
5
MR. JUSTICE BELL: All I am doing is clearing the air now for
6 the future.
7 MS. STEEL: OK.
8 MR. RAMPTON: My Lord, I add this: I sat quietly all
yesterday. I will make this observation now because it
9 will save time later on. There was a good deal of
material, about which Dr. Gregory was cross-examined
10 yesterday, having to do with, for example, the disposal of
unwanted chicks in a tub filled with carbon dioxide. We
11 had no notice of that whatsoever. It has never been a
part of the defendants' case. We have never been given
12 any discovery in relation to it. I did not say anything
because in the end it is a thing your Lordship may wish to
13 consider.
14 I have been looking, while this cross-examination has been
going on, at the terms of the defence in this part of the
15 case. The cross-examination has not really been directed
to the specific allegations made about chickens, save in
16 the most theoretical or speculative way. If the
defendants are going to change their case on this part of
17 the case, then I believe they ought to tell us what their
new case is.
18
MS. STEEL: That is ridiculous. What we have been dealing
19 with has been what has been raised in -- by and large it
is what is raised in Mr. Gregory's statement. That is the
20 same for the other witnesses as well. There may be some
other points that have come up which have not been in the
21 pleadings, but that is the same thing as Mr. Rampton has
raised. There is always going to be a few things that are
22 not going to be in the pleadings.
23 MR. RAMPTON: I merely observe that what Ms. Steel has been
putting bears little relationship, if any, to what is
24 pleaded in the defence on pages 7 and 8 of tab 6 of the
abstract.
25
MR. MORRIS: I do not know why it appears in Mr. Gregory's
26 statement then.
27 MR. JUSTICE BELL: I think the difficulty is, if I may say so,
I think the evidence-in-chief and the cross-examination
28 have both raged over matters which might not be thought to
be directly in point on all matters as pleaded. I have
29 taken the view, rightly or wrongly, that there has to be a
certain latitude in a case like this where there are
30 general issues which ought to be heard.
