Day 103 - 14 Mar 95 - Page 02

     2   MR. MORRIS:  I wanted to serve, which I have done on
     3        Mrs. Brinley-Codd, some documents relevant to Richard
     4        North's evidence, basically hygiene documents.  If they
     5        could go behind the other Richard North ones in our ------
     7   MR. JUSTICE BELL:  The most recent bundle?
     9   MR. MORRIS:  The most recent bundle.
    11   MR. JUSTICE BELL:  Yes.
    13   MR. MORRIS:  The other thing is I was speaking to our witness
    14        Miss Hovey and she has requested I ask for records held at
    15        Jarrets but not actually in the possession, power or
    16        control of Jarrets, we do not believe.  They are her
    17        veterinary service records on carcass temperatures.  They
    18        are actually public documents which she believes will not
    19        be released unless there is some kind of subpoena on them.
    21        The company that she was employed by, Evill & Jones, would
    22        have the control of those documents in the Jarret
    23        slaughterhouse.  It is her own file that she made recording
    24        carcass temperatures.
    26   MR. JUSTICE BELL:  Have you issued a subpoena against someone
    27        from her firm to bring them as a witness?
    29   MR. MORRIS:  I do not know how we would do that.  Do we just
    30        write to them?
    32   MR. JUSTICE BELL:  Quite frankly, I would have to look it all up
    33        myself.
    35   MR. MORRIS:  Is it not possible for the court to order that they
    36        be released?
    38   MR. JUSTICE BELL:  No.  There may be more but there are three
    39        possible routes and you have to look into them.  There is
    40        the question of discovery by parties to the action.  I can
    41        sit in court, hear argument and make such orders as I think
    42        are appropriate having listened to argument.  But that does
    43        not help you unless the documents are in the possession,
    44        custody or power of a party to the proceedings.
    46   MR. MORRIS:  I understand.
    48   MR. JUSTICE BELL:  The second possible route is to issue a
    49        subpoena duces tecum for someone to be summoned as a
    50        witness and bring with him or her documents which you say 
    51        are relevant.  So, look that up.  There are also 
    52        provisions, special statutory provisions, whereby you can 
    53        order someone (and this is the third) who has relevant
    54        documents to disclose them or produce copies of them under
    55        provisions of the Administration of Justice Act.  There is
    56        some law on the extent to which the court will do that.
    58        When you are in that situation, of course, it is not just
    59        the interests of the parties which are involved because the
    60        person concerned may have an interest in whether documents

Prev Next Index