Day 106 - 23 Mar 95 - Page 27


     
     1        be taken to be the food poisoning matter.  It is the
     2        question of residues in meat for human consumption.  That
     3        one can isolate as a topic of its own.  You can subdivide
     4        it into three, if you wish:  Antibiotic, hormones,
     5        pesticides and you can add, if you like, herbicides which
     6        you introduced in cross-examination.
     7
     8   MR. MORRIS:  Yes.
     9
    10   MR. JUSTICE BELL:  But those specific matters.
    11
    12   MR. MORRIS:  I think herbicides are considered to be under the
    13        umbrella of pesticides.
    14
    15   MR. JUSTICE BELL:  Maybe that will be part of it.
    16
    17   MR. RAMPTON:  My Lord, can I go a little further than that?
    18        Absence of notice of this volte-face (which it
    19        unquestionably is, and I notice Mr. North's second
    20        statement was served in January of this year and there is
    21        no mention of this volte-face even in that statement), I am
    22        not in a position to cross-examine Mr. North on this
    23        topic.
    24
    25   MR. JUSTICE BELL:  No, of course you are not.
    26
    27   MR. RAMPTON:  I have not had any evidence about it.  I shall
    28        very likely ask your Lordship's leave to call rebuttal
    29        evidence if this evidence continues now.
    30
    31   MR. JUSTICE BELL:  Yes.  What I suggest you do is if you go on
    32        with this, I am not going to stop it because it is on a
    33        precise aspect of the case which relates to a specific
    34        allegation made in the leaflet, and is part of your case in
    35        relation to food poisoning, but whereas the statement which
    36        you have served was the opposite of justification of what
    37        is in the leaflet, it was contradiction of what was in the
    38        leaflet, the evidence which Mr. North has just given
    39        appears to be evidence in support of the justification.  It
    40        clearly relies upon scientific papers.
    41
    42        In my view, if I am to attach weight to Mr. North's
    43        evidence on this, one must look to see what the scientific
    44        papers are upon which he bases his evidence.  If the
    45        Plaintiffs wish to call evidence in rebuttal of Mr. North's
    46        evidence as it stands at the end of tomorrow, then I will
    47        give them leave to do so.
    48
    49        So press on on that basis.
    50 
    51   MS. STEEL:   I just wanted to say since what I said has been 
    52        called into question, as an example, when Mr. Oakley was 
    53        giving evidence on day 59 all sorts of the things were
    54        brought up about rearing and slaughter.  I did say at the
    55        time there is nothing about this in the statement.  Whilst
    56        I accept that, perhaps, because we did not take an
    57        objection, nothing came of it, I do object strongly to the
    58        hypocrisy of the Plaintiffs in continuingly doing this sort
    59        of thing themselves but then objecting when we do it.
    60

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