Day 079 - 27 Jan 95 - Page 49


     
     1        which a Judge can stay a Plaintiffs' claim or bar a
     2        Defendant from defending unless the Plaintiff or the
     3        Defendant being an actual party to the action provides
     4        facilities for inspection or medical examination or
     5        whatever it may be.
     6
     7   MR. MORRIS:  So -----
     8
     9   MR. JUSTICE BELL:  My recollection is that that is the stand
    10        I took when the matter arose before.  Correct me if I am
    11        wrong.
    12
    13   MR. MORRIS:  So why was not Mr. North allowed to visit abattoirs
    14        on behalf of the Defendants as an expert witness?
    15        A.  I do not know.
    16
    17   Q.   Did you contact the abattoirs or were you asked to contact
    18        the abattoirs?
    19        A.  I remember the conversation when I was asked if
    20        Mr. North could come to McKey and I agreed to that.
    21        I think I was asked my opinion as to whether Mr. North
    22        could go to abattoirs and knowing certain things ---
    23
    24   MR. JUSTICE BELL:  Can you keep your voice up?
    25        A.  I beg your pardon, sir -- and knowing certain things
    26        I think I actually recommended that we did not ask people
    27        like Midland Meat Packers to allow Mr. North to go there.
    28        They have had a lot of problems with certain types of
    29        attitudes.
    30
    31   Q.   You have got 59 abattoirs supplying McKey's.  Are you
    32        saying you were not willing to ask a single one of those
    33        whether Mr. North could visit, as requested?
    34        A.  I think at the time, trying to remember back my thought
    35        pattern, yes, I was not prepared to ask them to let
    36        Mr. North go in to see them -- I am speaking from memory.
    37
    38   Q.   So why not?
    39        A.  I suppose, my Lord, I have got to answer that?
    40
    41   MR. JUSTICE BELL:  Yes.
    42        A.  Mr. North's attitude is well-known within the meat
    43        industry.  His ideas are not agreed with in the meat
    44        industry.  To ask principals of abattoirs to allow
    45        Mr. North to go in there, I knew what the answer would be.
    46
    47   MR. MORRIS:  So is he critical of abattoir practice or something
    48        like that?
    49        A.  Yes.
    50 
    51   Q.   That was your concern? 
    52        A.  Yes, I had no objection to him coming in to McKey 
    53        because I am responsible for McKey and the standards of
    54        McKey and I had confidence in them.
    55
    56   Q.   So when he came to McKey's you did not allow him access to
    57        any documents at McKey's, did you?
    58        A.  No.
    59
    60   Q.   Why did not you allow him access to any documents at

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