Day 020 - 28 Jul 94 - Page 33


     
     1        court to see whether there is brain stem activity, but
              absolutely no hope, it is suggested by the doctors, that
     2        any recovery of consciousness.  Is it that sort of
              situation?
     3        A.  It is a bit more than that.  In the context that the
              animal has had its throat cut, lost some of its blood, so
     4        the added chance of it coming round is diminished more.
 
     5   MS. STEEL:   That would depend on the type of cut?
              A.  It would indeed, yes.
     6
         Q.   It would also depend on,  might depend on the length of
     7        time between that cut?
              A.  I have known of situations where birds have come
     8        around.  They have been taken off the line at that point
              unconscious, then they have come around subsequently.
     9        I have known this, but it is very unusual.
 
    10   Q.   But it is possible.  That is why it is in the
              recommendations?
    11        A.  Yes, fair comment.
 
    12   MR. JUSTICE BELL:  Mr. Rampton, while Ms. Steel is taking
              instructions, can you just make sure I understand, if
    13        I look at tab 6 on the first page, it says, "it is the
              defendants' case that the methods of slaughter used are
    14        cruel".  That is in relation to cattle, chicken and pigs?
 
    15   MR. RAMPTON:  Yes.
 
    16   MR. JUSTICE BELL:  There is no request, is there, which asks in
              what respects so that the defendants, as it were, are
    17        asked to specify.
 
    18   MR. RAMPTON:  Yes, there is, on page 6.2.  The answer is given
              at (ii) on page 7; so far as chickens are concerned, at
    19        the second part of that paragraph, which is the point
              I was, I think, trying to make earlier.  My Lord, I want
    20        to make it clear.  I am not trying to shut this evidence
              out.  I do want to know at what it is directed in due
    21        course, what the case now is because, plainly, it is not
              the case that is pleaded.
    22
         MS. STEEL:   I do not understand this.  We have to
    23        cross-examine on what is in his statement.
 
    24   MR. JUSTICE BELL:  Just pause a moment:  I would have thought
              it is arguable that it comes within the particulars in any
    25        event, but I am not minded to be over technical about it.
  
    26   MR. RAMPTON:  Nor am I, but I would like to know what the case 
              is in due course. 
    27
         MR. MORRIS:  At the risk of labouring the point I would say it
    28        does come under the defence.
 
    29   MR. JUSTICE BELL:  You do not have to, Mr. Morris.
 
    30   MS. STEEL:   Just to finish off, you said that -- maybe I will
              not, I will just leave it there.

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