Day 052 - 21 Nov 94 - Page 49
1 matter, will want to see justice done, so that if at the
2 end of all that your Lordship felt that it was necessary to
3 re-embark on this issue to some limited extent so that it
4 could never be said by the Defendants hereafter, whether in
5 the Court of Appeal or in the public forum, that they had
6 not had a fair trial, why then, however it may cost my
7 clients in time and money, I will assent to that course and
8 your Lordship will not hear any word of dissent from me.
9
10 I do submit that it is not necessary, that the
11 cross-examination of my witnesses by the Defendants plainly
12 shows they knew what the issue was, and that it is entirely
13 open to your Lordship to say: "No, they have had their
14 chance, they knew what it was. I do not believe them when
15 they say they are taken by surprise, and they shall not
16 have another go". But if your Lordship took the opposite
17 view and decided that in justice and for the sake of wisdom
18 and prudence it was necessary to let them have another go,
19 well, then so be it.
20
21 My Lord, I do not know there is anything more I need to say
22 about 4F. As to 4L perhaps the problem really is not very
23 difficult. The Plaintiffs called some of their evidence on
24 rearing and slaughter. The Defendants have, if I may say
25 so, through Ms. Steel cross-examined Dr. Gregory very
26 thoroughly and, your Lordship may feel, to some effect.
27 There are some more Plaintiffs' witnesses to come on
28 rearing and slaughter. We have now pinned our colours to
29 the mast so far as rearing and slaughter is concerned. We
30 make complaint about factual allegations in the leaflet
31 which we say are plainly false. The Defendants have the
32 opportunity to cross-examine those witnesses of fact,
33 because they are the witnesses that come from the actual
34 establishments that keep and kill the animals, to their
35 hearts content. Following that the Defendants can call
36 their own witnesses on rearing and slaughter to address, if
37 they wish to do so, the Plaintiffs' complaint as now
38 framed, if your Lordship gives leave, or else address to
39 some lesser injurious meaning which the Defendants contend
40 the words complained of are capable of bearing. With
41 respect to them, 4L does not present any kind of problem
42 whatsoever.
43
44 They have the disadvantage, but this is a permanent
45 disadvantage which this amendment does not affect in the
46 least bit, that McDonald's suppliers are, for perfectly
47 good reasons of their own, unwilling to allow the
48 Defendants' experts on to their premises. There is nothing
49 I can do about that, so perforce the Defendants' witnesses
50 will have to speak from generalities. But there it is.
51 They can cross-examine my clients' suppliers -- I do not
52 like to use expression 'until the cows come home', but
53 there is it is.
54
55 My Lord, might I while on my feet, or would your Lordship
56 prefer me now to sit down, deal with the question of what
57 the Defendants should now, as we submit, be ordered to say
58 about the nature of their defence.
59
60 MR. JUSTICE BELL: I think what would I do is give you an
