Day 097 - 06 Mar 95 - Page 37

     
     1   MR. MORRIS:  I think he should be entitled to see documents that
     2        the Plaintiffs have power of or control over.
     3
     4   MR. JUSTICE BELL:  Look, I cannot go over -- I have given my
     5        judgment and you must read the last two sentences of that
     6        paragraph starting:  "Mr. North's report does not suggest"
     7        down to "there was proper testing at McKey in this
     8        respect".  If Mr. North gives different evidence, you can
     9        raise it with me again.
    10
    11   MR. MORRIS:  In any event, I would argue that that is part of
    12        the typical day's microbiological testing which the
    13        Plaintiffs have said -----
    14
    15   MR. JUSTICE BELL:  There we are.  Let us see what you get.
    16
    17   MR. MORRIS:  It may be worth just having five-minutes, not
    18        break, but we might as well finish this off, yes, before
    19        lunch, is that okay?
    20
    MR. JUSTICE BELL:  No.  I think if you are going to have a break
    22        now we will go away until 2 o'clock.  How many more of
    23        these matters have you to raise?
    24
    25   MR. MORRIS:  No, I was just suggesting, I want to have a break,
    26        but if I can carry on going even though it might be another
    27        five minutes?
    28
    29   MR. JUSTICE BELL:  Yes, very well.
    30
    31   MR. MORRIS:  The paragraph that begins on my page 9:  "I cannot
    32        order discovery of documents" -- sorry, it begins:
    33         "Mr. Morris said that Professor Jackson saw or may have
    34        seen", and we are talking about Sun Valley mortality rates
    35        and dead on arrivals and rejections at the slaughterhouse,
    36        mortality rate in the sheds.  It says:  "The Defendants
    37        must raise this topic again if they are not satisfied with
    38        what they have now have".  I do not think we have actually
    39        seen any documents about mortality rates, dead on arrivals
    40        and rejections, although evidence has been given on that.
    41
    42   MR. JUSTICE BELL:  I do not think we have.  I do not know
    43        whether they are there.  The only point I am making there
    44        is you asked me for disclosure of documents referred to by
    45        Professor Jackson, and I could not see that he referred to
    46        any documents in relation to that point.
    47
    48   MR. MORRIS:  Right.
    49
    50   MR. JUSTICE BELL:  You did not make a list of documents for me. 
    51        You said they were the ones in his statement.  When I said 
    52        I could not see any in his statement you said, well, you 
    53        meant the ones in his evidence.  So, I did my best looking
    54        at his evidence to see what they might be.  I could not
    55        find any mention of any documents in his evidence relating
    56        to dead on arrivals.
    57
    58   MR. MORRIS:  Yes.  He had been told a figure which, of course,
    59        we cannot challenge -- it is hearsay -- we cannot challenge
    60        it unless we get the documents.