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.
 

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