Day 289 - 29 Oct 96 - Page 24
1 something tantamount to what is actually in the statement,
2 and I do not suppose for a moment when we come to figures
3 it would be anything different, provided that he was led to
4 the figures at all.
5
6 MR. RAMPTON: He was, yes.
7
8 MR. JUSTICE BELL: Yes.
9
10 MR. RAMPTON: He was. In fact, I mean, it was tantamount to
11 his averring his statement, if your Lordship reads his
12 evidence-in-chief which is not very long.
13
14 MR. JUSTICE BELL: Very well.
15
16 MR. RAMPTON: I think you will see that that is what happened.
17
18 MS. STEEL: I can read it from the transcript. I have found
19 the relevant bit in the transcript anyway.
20
21 MR. JUSTICE BELL: Yes. It is not a point of criticism what
22 you are saying, it is just a certain wariness that saying
23 something was actually in evidence and, lo and behold, it
24 turns out it was not.
25
26 MS. STEEL: OK. On day 18, page 22, Mr. Rampton asked at line
27 20: "Sometimes the birds can get an electric shock before
28 they are actually stunned, is that right?" He says,
29 "Yes." Question: "Did you observe that happening at
30 Sun Valley? " Answer: "Yes, I did." Question: "In what
31 percentage of the birds that you examined? " Answer,
32 "I would say it is difficult to give an accurate estimate
33 on that. As far as I can tell it was 13.5 percent, but
34 this is open to a more accurate estimate."
35
36 MR. JUSTICE BELL: Yes, very well.
37
38 MS. STEEL: He said that that was from the examination of 200
39 birds.
40
41 MR. JUSTICE BELL: It is a rather complicated way of saying 27
42 birds, is it not?
43
44 MS. STEEL: Yes. True. (Pause) So that would be 22,950 birds
45 every day receiving pre-stun shock. I mean, I am sure,
46 because it is in his statement -- may be it is not.
47 I don't know, did he say somewhere during his evidence that
48 pre-stun shocks cause distress and can be painful?
49
50 MR. JUSTICE BELL: Do not get bogged down in it. What I suggest
51 you do, when you are referring to Dr. Gregory, you can just
52 say what your points are. I have not brought them with me,
53 but I have made quite good notes in relation to his
54 evidence. Other witnesses I have not. I recall only
55 partly. So I am more concerned that you give me references
56 to other witnesses, if you have got them, of concessions,
57 what you say amount to concessions.
58
59 MS. STEEL: Right. He also said that one percent of birds,
60 which is around 1,350 a day, were decapitated without being
