Day 102 - 13 Mar 95 - Page 45


     
     1        every -- all the DOAs, the dead-on-arrivals.  Suffocation
     2        certainly can occur but I think it is again pretty rare.
     3
     4   Q.   I just want to clarify, I think you say in your statement
     5        that farmers are paid by the live weight of the birds; is
     6        that correct?
     7        A.  That is correct.
     8
     9   MR. JUSTICE BELL:  How is that done, on a weighbridge?
    10        A.  Yes, it is.  The whole lorry, modules and everything go
    11        over a weighbridge on their way into the factory.
    12
    13   MS. STEEL:  That is how the amount they get paid is determined?
    14        A.  Yes.
    15
    16   Q.   The weight of the lorry on the weighbridge?
    17        A.  Yes.
    18
    19   Q.   So if there are dead birds in the crates they would still
    20        be paid for those birds?
    21        A.  They would be -- there would be a deduction made for
    22        abnormal dead-on-arrival, otherwise they are just paid on a
    23        weight basis.
    24
    25   Q.   How much different would it have to be before they would
    26        have an amount deducted?
    27        A.  I am not sure of the exact equation.
    28
    29   MR. JUSTICE BELL:  But the catching and transport is done by Sun
    30        Valley?
    31        A.  Yes, or by contractors.
    32
    33   Q.   Yes, but contractors hired by Sun Valley?
    34        A.  Yes.
    35
    36   Q.   So, unless you could show that it was the independent
    37        farmers' responsibility in having a bird which was not fit
    38        to travel before the catcher got hold of it, death should
    39        be down to you rather than the individual farmer
    40        anyway.
    41        A.  Absolutely, and birds that are dead would not be put in
    42        crates going to the factory.
    43
    44   Q.   So, there is no reason why he should not be paid for
    45        whatever is on the lorry, dead or alive, unless you can
    46        show it was dead through some responsibility of his before
    47        catching?
    48        A.  That is correct, yes.
    49
    50   MS. STEEL:  Can you give us an example of when money has been 
    51        deducted from the farmer for this reason? 
    52        A.  I cannot give an example because I am not aware of 
    53        one.  I know there is a provision for that to occur in the
    54        contract, but I cannot think of any specific example.
    55
    56   Q.   Does Sun Valley penalise producers for Hock Burns and
    57        things like that?
    58        A.  Yes, there is a deduction made on their payment for
    59        Hock Burns, so the birds are graded into the factory and
    60        deductions made.

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