Day 102 - 13 Mar 95 - Page 02

     1   MR. RAMPTON:  My Lord, I hand in, if I may, and I hand to the
     2        Defendants at the same time a short additional statement
     3        made by Mr. Donald Bennett about Jarrets.  He was there
     4        last week.  This is a short summary of what he found when
     5        he was there.  My Lord, after that I will, if I may, show
     6        your Lordship the Animal Aid film about chicken catching
     7        and then ask Dr. Pattison some questions about that and
     8        also about the allegations which it is supposed that
     9        Mr. Bruton will make.
    11   MR. JUSTICE BELL:  Do you have any objection to that?
    13   MR. MORRIS:  No.
    15   MR. RAMPTON:  My Lord, his first statement should be right at
    16        the back of volume yellow IX.  I suggest your Lordship puts
    17        that additional statement behind the original one.
    19   MR. MORRIS:  The first thing is just to comment on the new
    20        statement of Mr. Bennett.  It is only two days before he is
    21        due to arrive in the witness box, so that is the first
    22        thing.  It is extremely belated.  Secondly, my
    23        understanding was that the Plaintiffs were being asked to
    24        or ordered to provide all the documents that Mr. Bennett
    25        had relied on in his statement, and referred to.  We do not
    26        have those yet.
    28   MR. JUSTICE BELL:  No.  Where do you get that from?  I made a
    29        point that I may not hear evidence of what he says in
    30        documents unless they are produced because that may fall
    31        foul of the secondary evidence rule.
    33   MR. MORRIS:  Yes, OK.
    35   MR. JUSTICE BELL:  If they are not produced -- for instance,
    36        where he says to the paragraph 19 on page 6:  "An
    37        examination of the records made during the period in which
    38        Ms. Hovey worked at the company demonstrates to my
    39        satisfaction that the procedures which I set up were
    40        complied with".  I might take the view that is secondary
    41        evidence and should not be given unless at least a specimen
    42        or two of the documentation has been produced.
    44   MR. RAMPTON:  My Lord, I think quite a lot of them have been, in
    45        fact, already disclosed.
    47   MR. JUSTICE BELL:  Subject to that again, a point which you made
    48        last time, unless the documents have already been produced,
    49        or some of them, I might well take the view that it is not
    50        necessary to have all of them, but just sufficient to mount 
    51        that conclusion.  Do you see what I mean? 
    53   MR. MORRIS:  Yes.
    55   MR. JUSTICE BELL:  But what I suggest you do is read through, as
    56        you will no doubt look through it again, before he is
    57        actually called his statement and make a mental note of any
    58        place where you think he may be referring to the contents
    59        of the document, giving an account of their contents and
    60        relying on that, but when no document has been produced, do

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