Day 309 - 03 Dec 96 - Page 48


     
     1        allegations in the preceding paragraph -- which, in any
     2        case, are more akin to what the ordinary person would
     3        understand was torture -- there is mental or emotional --
     4        I do not know what to say about animals -- there is an
     5        imposition of fear in that paragraph, as well as direct and
     6        unjustified cruelty in the word "beaten".  It may be that
     7        inefficient stunning -- and suppose the jury thought often
     8        enough -- leads to a kill while the animal was still
     9        conscious, for them to say, "Well, that is not good
    10        enough."  But if they did not also think it true that the
    11        animals struggle to escape and become frantic as they watch
    12        the animal in front being prodded, beaten, electrocuted and
    13        knifed, then I would put quite a lot of money on their
    14        saying:  "Well, there is a reduction in damages because
    15        this is, overall, not a justification."
    16
    17   MR. JUSTICE BELL: They do not come out squeaky clean, but there
    18        is no substantial justification for the overall allegation.
    19
    20   MR. RAMPTON:  The reason I say that is that the jury would be
    21        (I hope) asking themselves: does the fact that that
    22        happens, however frequent or infrequent, does that really
    23        justify the sting of this, which is torture?
    24
    25        Of course, if that be right (which we would say it was)
    26        then one goes on to consider the evidence and one finds --
    27        I am summarising it now, and I am not proposing to go
    28        through it unless your Lordship wants me to, I am
    29        summarising it now in this way -- that, at the very worst,
    30        according to Dr. Gregory, the standards obtaining in all of
    31        the institutions, suppliers, that he visited -- and he
    32        knows Sun Valley quite well -- are, as I said, to put it at
    33        its lowest, above average.  When one reflects upon that and
    34        asks the question, "Could such a person be thought guilty
    35        of torture", the answer must be "no".
    36
    37   MR. JUSTICE BELL:  There is the general sting, you have said, of
    38        utter indifference to the welfare of animals, or if one
    39        substitutes cruelty or inhumanity.  There being that
    40        general allegation, are the Defendants entitled to rely on
    41        any other cruel practices ---
    42
    43   MR. RAMPTON:  Yes.
    44
    45   MR. JUSTICE BELL:  -- which there may be, apart from ones that
    46        are specified?  They must be, because it is a general
    47        charge, is it not?
    48
    49   MR. RAMPTON:  In relation to torture, undoubtedly.  If the
    50        Defendants could prove that -- even if all the things said, 
    51        the specific things said in this pamphlet in relation to 
    52        torture were untrue, but the Defendants could show that 
    53        other equally horrendous things were being done on
    54        McDonald's behalf, then that would be a justification,
    55        undoubtedly -- different to the defence of fair comment, of
    56        course.
    57
    58   MR. JUSTICE BELL: I think somewhere you suggest -- yes, on
    59        page 2 -- you say "as usual, McDollars McGreedy".
    60

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