Day 148 - 05 Jul 95 - Page 45
1 MR. MORRIS: Yes. I am not sure what to do next really.
2
3 MR. JUSTICE BELL: Do not forget you have the Ms. Hovi/Mr. Bone
4 matter. You have on several occasions over the last few
5 weeks said, either in terms or by implication, that you
6 strongly oppose that, so you must know the basis upon which
7 you oppose it.
8
9 MR. MORRIS: Yes.
10
11 MR. JUSTICE BELL: So why not tell me what that basis is?
12
13 MR. MORRIS: Thinking on my feet, because I had not prepared to
14 do this particular application, Mia Lisa Hovi should be
15 released in any event, whatever happens to Mr. Keith Bone
16 or otherwise. She should be released in any event, and
17 whether we recall her should be up to us.
18
19 As for Keith Bone, our basic position is that the
20 Plaintiffs' action in this issue has been an abuse of
21 process. We served a statement of Ms. Hovi before
22 Christmas last year and they were given time to call a
23 witness within a certain time. I believe they went over
24 the date -- I cannot remember now -- but they eventually
25 came up with a witness who for reasons best known to the
26 Plaintiffs was not an employee of Jarretts, and had limited
27 personal knowledge, although he had knowledge of the
28 systems, he had helped set up the system. He dealt with
29 quite a wide range of issues in a general sense. That was
30 their witness in response to Mia Lisa Hovi. That was
31 Mr. Bennett.
32
33 Then after Mia Lisa Hovi gave her personal experience about
34 the conditions that were relevant in this case, having
35 served a quite comprehensive statement in terms of the
36 issues -- obviously, further details come up during
37 examination and cross-examination, as they have come with
38 every single witness since the case started and, no doubt,
39 will continue. Then, as far as we can see, every single
40 item that was canvassed in examination and
41 cross-examination of Mia Lisa Hovi had been covered by her
42 statement and/or had been raised by Mr. Bennett.
43
44 Obviously, the Plaintiffs are not happy that Mr. Bennett
45 dealt with the issues as effectively as our witness.
46 Therefore, they want to call another witness which they
47 have pretended with great protestation that they were all
48 taken by surprise by our witness and it is all really
49 unfair.
50
51 As far as I remember the way the evidence went for Mia Lisa
52 Hovi, there was only one issue that raised eyebrows which
53 she brought up. That was about how the meat plant boning
54 room had been used during the night for another company or
55 something, some other process, which would affect the
56 cleaning which I said was a new issue, even though, of
57 course, it still comes under the heading of general hygiene
58 matters. But it is my recollection that, in fact, this was
59 in response to some evidence given by Mr. Bennett about the
60 cleaning in the boning room. So, in fact, it was only Ms.
