Day 087 - 10 Feb 95 - Page 26
1 to amend their defence and plea of justification of fair
2 comment, so I can deal with that. I am not prepared to
3 deal with that until they have actually done so. Putting
4 the cart before the horse.
5
6 MS. STEEL: I do want to say something. I think it does
7 handicap us not being able to put these documents in front
8 of the witness like that. It takes a lot more time and it
9 is a lot more complicated. It may be Mr. Rampton's
10 suspicion that we just want to read it out to get it on the
11 transcript, but it is my suspicion that he wants to tie us
12 up in red tape. He interrupts the flow of
13 cross-examination and we get put off. Yesterday I even
14 followed the correct procedure with that press cutting
15 about salmonella, and yet he still objected. It really
16 does feel to us that this is just an attempt by Mr. Rampton
17 to completely put us off our flow.
18
19 MR. JUSTICE BELL: In fact, I gave you some assistance with
20 regard to that and I did with regard to the Preston
21 report. You must follow the procedure I have laid down.
22 It may or may not change in relation to the Preston report
23 if you get on and think in what respects you would like to
24 amend your defence and plea of justification and fair
25 comment. The reaction to Preston can be said to be in
26 under other matters which are pleaded, but the factual
27 basis of Preston is at the moment as pleaded in your
28 defence; that is the only allegation of fact you have made
29 as to what happened at Preston, and it has been admitted in
30 full. I really think we have to end this and get on with
31 something else and you have to go away and think about it.
32 If you want to adduce evidence by whatever admissible means
33 as to further facts of what happened at Preston, you have
34 got to seek amendment to add them. You might find I will
35 not be unsympathetic about it, but you have to seek leave
36 to add them to your pleading since this objection has been
37 taken.
38
39 MS. STEEL: I understand that. I was not bringing up about the
40 Preston thing. Our pleadings are wider than the Preston
41 outbreak already. They are already about food poisoning in
42 general. I did follow the correct procedure yesterday
43 afternoon, but I was still interrupted by Mr. Rampton, and
44 that is a classic example of why it is that we feel this is
45 just a tactical manoeuvre.
46
47 MR. JUSTICE BELL: I did not see anything which I thought was
48 unfair there, I have to say. But I really think we have
49 got as far as we can go with this. I have done my best to
50 make you aware of what the next steps are to take both with
51 regard to Oregon and Preston. It is up to you whether you
52 take them or not.
53
54 MR. RAMPTON: My Lord, I would add this, if I may, and perhaps
55 I should not need to add it. If your Lordship suspected me
56 of being guilty of mere tactical manoeuvering, I am sure
57 your Lordship would say something.
58
59 MR. JUSTICE BELL: Yes. I do not.
60
