Day 087 - 10 Feb 95 - Page 26


     
     1        to amend their defence and plea of justification of fair
     2        comment, so I can deal with that.  I am not prepared to
     3        deal with that until they have actually done so.  Putting
     4        the cart before the horse.
     5
     6   MS. STEEL:  I do want to say something.  I think it does
     7        handicap us not being able to put these documents in front
     8        of the witness like that.  It takes a lot more time and it
     9        is a lot more complicated.  It may be Mr. Rampton's
    10        suspicion that we just want to read it out to get it on the
    11        transcript, but it is my suspicion that he wants to tie us
    12        up in red tape.  He interrupts the flow of
    13        cross-examination and we get put off.  Yesterday I even
    14        followed the correct procedure with that press cutting
    15        about salmonella, and yet he still objected.  It really
    16        does feel to us that this is just an attempt by Mr. Rampton
    17        to completely put us off our flow.
    18
    19   MR. JUSTICE BELL:  In fact, I gave you some assistance with
    20        regard to that and I did with regard to the Preston
    21        report.  You must follow the procedure I have laid down.
    22        It may or may not change in relation to the Preston report
    23        if you get on and think in what respects you would like to
    24        amend your defence and plea of justification and fair
    25        comment.  The reaction to Preston can be said to be in
    26        under other matters which are pleaded, but the factual
    27        basis of Preston is at the moment as pleaded in your
    28        defence; that is the only allegation of fact you have made
    29        as to what happened at Preston, and it has been admitted in
    30        full.  I really think we have to end this and get on with
    31        something else and you have to go away and think about it.
    32        If you want to adduce evidence by whatever admissible means
    33        as to further facts of what happened at Preston, you have
    34        got to seek amendment to add them.  You might find I will
    35        not be unsympathetic about it, but you have to seek leave
    36        to add them to your pleading since this objection has been
    37        taken.
    38
    39   MS. STEEL:  I understand that.  I was not bringing up about the
    40        Preston thing.  Our pleadings are wider than the Preston
    41        outbreak already.  They are already about food poisoning in
    42        general.  I did follow the correct procedure yesterday
    43        afternoon, but I was still interrupted by Mr. Rampton, and
    44        that is a classic example of why it is that we feel this is
    45        just a tactical manoeuvre.
    46
    47   MR. JUSTICE BELL:  I did not see anything which I thought was
    48        unfair there, I have to say.  But I really think we have
    49        got as far as we can go with this.  I have done my best to
    50        make you aware of what the next steps are to take both with 
    51        regard to Oregon and Preston.  It is up to you whether you 
    52        take them or not. 
    53
    54   MR. RAMPTON:  My Lord, I would add this, if I may, and perhaps
    55        I should not need to add it.  If your Lordship suspected me
    56        of being guilty of mere tactical manoeuvering, I am sure
    57        your Lordship would say something.
    58
    59   MR. JUSTICE BELL:  Yes.  I do not.
    60

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