Day 089 - 15 Feb 95 - Page 27
1 what actually happens. At the moment I am on what does not
2 happen as to which one could cover a day's work without
3 getting to the point, unless one uses this document.
4
5 MR. JUSTICE BELL: You are perfectly entitled to object to a
6 leading. If you object, it means that the advocate on the
7 other side must not lead. Leading questions are often
8 asked to move things along at a slightly quicker pace if
9 the person asking the question really does not think that
10 it will be suspected that the witness will be telling a lie
11 about that.
12
13 If you are going to challenge the witness on a topic in
14 saying: "That is quite wrong; you do go drown birds" or
15 "You do suffocate birds" then, of course, it is quite
16 right to make the objection. If you are not, in fact,
17 going to put to Mr. Pattison, and the same would apply to
18 any other witness, that he is lying, if what you want to
19 challenge are the consequences of what he does, then you
20 have to think, as any advocate would, whether you take the
21 point about leading questions, because if you do take it
22 Mr. Rampton has to not ask a leading question and it may
23 slow thing up. That is all.
24
25 MS. STEEL: I understand that in terms of some of the negatives,
26 but I mean there was a question about they should be killed
27 by a skilled operator now.
28
29 MR. JUSTICE BELL: Fair enough.
30
31 MS. STEEL: It would have been easy for Mr. Rampton just to say
32 who are they killed by without leading and saying that.
33
34 MR. JUSTICE BELL: Yes, very well.
35
36 MR. MORRIS: In general, we do not object but we have been
37 continuously interrupted by Mr. Rampton when we have been
38 referring to documents which does move things on, and I
39 think that in the sake of the smooth running of the case it
40 would be helpful if he did not challenge us as often as he
41 did.
42
43 MR. JUSTICE BELL: I have to take each challenge as it comes up.
44 I am merely making the point because this was to a
45 leading question. I have tried to explain what the normal
46 practice is so far as leading questions are concerned.
47
48 MR. MORRIS: It does move things on quicker when there are
49 documents.
50
51 MR. RAMPTON: I give no undertaking about my own interventions,
52 but if your Lordship thinks they are misplaced your
53 Lordship, as once or twice you have, will say so and I will
54 be properly rebuked. (To the witness): Can I ask,
55 Dr. Pattison, after the chicks, the unwanted however many
56 it be, 200, 300, are disposed of, what happens next? I am
57 coming back to the method of disposal in a minute. After
58 they have been killed, what happens to the bodies?
59 A. The bodies are inspected to make sure that the chicks
60 have been killed and then they go into a waste macerating
