Day 104 - 15 Mar 95 - Page 04

     
     1        to start making orders against people who are not parties
     2        to the trial to come to court with documents or to order
     3        them to produce documents in advance.
     4
     5        If you think about that, it is hardly surprising for
     6        libertarian reasons that one does not have the power.
     7
     8   MR. MORRIS:  I know, it is frustrating because Mr. Bennett's
     9        statement, for example, he has actually seen the relevant
    10        documents only a few days ago.
    11
    12   MR. JUSTICE BELL:  What I suggest is this, if you are going to
    13        usefully issue a subpoena, you have to identify your
    14        documents with some precision.  So, it seems to me that the
    15        sooner we get on with Mr. Bennett's evidence and find out
    16        whether there are documents which would usefully help on
    17        any material issue which have not been produced that are in
    18        the hands of a third party, the better.
    19
    20        In any event, I really think you should make the approach
         which some weeks ago I suggested before you get involved in
    22        subpoenas and so on, which is to write to the company.  You
    23        can mark it "urgent" and you can put something in the
    24        letter saying you are doing this in the hope that you can
    25        avoid issuing a subpoena, but asking them if they will
    26        voluntarily disclose documents.
    27
    28   MR. MORRIS:  Yes.
    29
    30   MR. JUSTICE BELL:  Yes.  Mr. Rampton, is there anything you want
    31        to say?
    32
    33   MR. RAMPTON:  No, my Lord.  It does not really concern me.  We
    34        have from Jarretts all the documents that they have
    35        volunteered.  I shall deal with those this morning with
    36        Mr. Bennett who is here, my Lord.
    37
    38   MR. JUSTICE BELL:  I repeat myself, Mr. Morris, but what you
    39        must do is Mr. Bennett is giving his evidence this morning
    40        or when you come to cross-examine him tomorrow be very
         careful to identify with some precision exactly which
    42        documents, if any, at the end of the day you say you want.
    43
    44                      MR. DONALD BENNETT, sworn
    45                       Examined by Mr. Rampton.
    46
    47   Q.   Mr. Bennett, do you live 7 Garstang Road, Poulton-le-Fylde,
    48        Lancashire?
    49        A.  I do.
    50 
    51   Q.   Are you a special consultant specialising in hygiene 
    52        control and environmental legislation in the meat industry? 
    53        A.  Yes, I am.
    54
    55   Q.   Mr. Bennett, for how many years have you been concerned
    56        with hygiene control and environmental legislation in the
    57        meat industry?
    58        A.  40 years.
    59
    60   Q.   40?