Day 149 - 06 Jul 95 - Page 36


     
     1        the pithing rods were sterilized.  That answer was not
     2        challenged.
     3
     4        My Lord, normally, as your Lordship knows, I do not take
     5        any point on whether or not matters are challenged.  I do
     6        in this particular instance, because if it be said that the
     7        cross-examination of Mr. Bennett gave us in some implied
     8        way notice of what Ms. Hovi was going to say, which was,
     9        when it came to it, that neither the sticking knives nor
    10        the pithing rod were sterilized, why, then that assertion
    11        by Mr. Bennett should have been contradicted (as the
    12        Defendants must have known that it would be) when Ms. Hovi
    13        came to give evidence.
    14
    15        Then, my Lord, on pages 18 and 19 of the transcript for
    16        that day she dealt with the preinspection carcass washing
    17        which she developed in detail when she came to give
    18        evidence.
    19
    20   MS. STEEL:  When you say "that day"?
    21
    22   MR. RAMPTON:  16th March.  Then, my Lord, on page 21 of that
    23        transcript -- most of this cross-examination, though not
    24        all of it, was conducted by Mr. Morris -- there was a brief
    25        reference to the sterilization of the hide puller chains.
    26        Mr. Bennett asserted that they were sterilized.  The
    27        Defendants did not challenge that assertion.  When Ms. Hovi
    28        came into the witness box, she asserted as a fact that they
    29        were not sterilized.
    30
    31        Then, my Lord, there was some cross-examination on pages 21
    32        to 22 about the trollies crossing the line.  I am not sure
    33        that it was crossing the line.  There was some
    34        cross-examination about trollies being pushed through a
    35        door into the dirty area.  There was not anything specific
    36        in that cross-examination about crossing the line which was
    37        the allegation which Ms. Hovi made when she came to give
    38        evidence.
    39
    40        Now it was Ms. Steel on page 28, there was one question
    41        about whether or not there was not a risk of contamination
    42        from the cutting boards used in the boning hall.
    43
    44        What was not put to Mr. Bennett, and whether or not at that
    45        stage the Defendants knew what Ms. Hovi would say about
    46        these matters, I do not know, the matters which were not
    47        put -- now, my Lord, I give references to the paragraphs in
    48        Mr. Bone's statement -- the first was that men were going
    49        in and out of the slaughter hall from dirty to clean areas,
    50        that is paragraph 9 of Mr. Bone's statement; that there was 
    51        a lack of proper boot wash facilities, paragraphs 10 and 
    52        11; that the trollies or bins in use in the slaughter hall 
    53        were not cleaned between use, that is paragraph 19 of
    54        Mr. Bone's statement; that inspectors were frequently
    55        called into the boning room or, at any rate, not rarely
    56        called into the boning room because of defects found which
    57        had been disguised by washing before inspection, that is
    58        paragraph 27 of Mr. Bone's statement; that the state of the
    59        walls in the chillers was a matter for concern on account
    60        of food safety, paragraph 33 of Mr. Bone; that the boning

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