Day 114 - 04 Apr 95 - Page 04

     
     1        him in the report which I was up to till late last night
     2        reading.
     3
     4   MR. JUSTICE BELL:  Just give me an example of the sort of thing,
     5        because we can both read.
     6
     7   MR. MORRIS:  Yes.
     8
     9   MR. JUSTICE BELL:  What I want to know is what Dr. Long can
    10        actually add on his affirmation to the fund of evidence in
    11        this case.
    12
    13   MR. MORRIS:  For example, in the introduction on page 4 it
    14        says:  "It was also evident that in some quarters
    15        commercial considerations were contributing to greater
    16        pressures on throughputs which in some cases were
    17        inconsistent with acceptable standards of welfare.  Such a
    18        tendency is to be deplored".  That is point 6.
    19
    20        It goes on to say on 12, on the other side of the page:
          "As small local slaughterhouses have disappeared, the
    22        distance animals have to be transported for slaughter
    23        has increased markedly ... The absence of local slaughter
    24        facilities has created particular problems for dealing with
    25        casualty animals and our concern in this area is detailed
    26        at Section 7 later".  That is just the first thing on the
    27        first page.
    28
    29   MR. JUSTICE BELL:  But this is not actually answering my
    30        question because you have Dr. Long in the witness box, and
    31        it seems to me you can ask Dr. Long about what his own
    32        experience is of the industry and what he has actually
    33        observed.  That may have jogged your memory to ask about
    34        things, but there is absolutely no need at all to refer to
    35        the FAWC report.
    36
    37        I mean, the FAWC report is not evidence of averments made
    38        in it.  What I want (and I would suggest what you want)
    39        from Dr. Long is such evidence as he can give as to the
    40        states of affairs or matters of fact.  Then I will have to
         think about what I make of it.
    42
    43   MR. MORRIS:  Yes, but that could apply to any document in the
    44        case unless it is a document from McDonald's.
    45
    46   MR. JUSTICE BELL:  I think we may have been rather lax about it
    47        because one does not want to keep interrupting the flow.
    48        You see, what you have done in the past, often with the
    49        FAWC report, for instance, with regard to Dr. Pattison,
    50        just to take an example, you have used the FAWC report to 
    51        test his evidence on a particular matter.  So, in so far as 
    52        he says that chickens do not suffer significantly for the 
    53        last few days, they are stocked at a density of so many
    54        kilos per square metre.  You say:  "Well, look at the FAWC
    55        recommendations, can that be right because their
    56        recommendations are less and you are above those; does that
    57        not mean that you are not treating your broilers properly?"
    58          But that is a different situation.
    59
    60   MR. MORRIS:  Yes, but this witness is an expert witness.  This