Day 114 - 04 Apr 95 - Page 05
1 is an expert report on the conditions regarding
2 specifically the slaughter end of the life-span of the
3 animals. Dr. Long should have a chance to comment on it
4 and, obviously, this is an important report. I do not see
5 why we should -----
6
7 MR. JUSTICE BELL: It is an important report -- you are not
8 suggesting that you should be able, having just delivered
9 the report to Mr. Rampton, to go straight into it with the
10 witness, are you?
11
12 MR. MORRIS: I do not see what difficulty that presents
13 because -----
14
15 MR. RAMPTON: Perhaps I can say something? My Lord, I am not
16 one to take technical objections. It is only right that
17 the report, if it is the report that is referred to in the
18 leaflet, should, if it is relevant and the relevance of it
19 is a matter for argument, perhaps at a later stage,
20 perhaps, perhaps not, but not in relation to the evidence
21 of a witness who is a witness of fact.
22
23 The reason that I am taking the position that I am is this:
24 Mr. Morris has had the report at least since yesterday
25 morning. I say that he should have had it long before
26 that. He should have disclosed it, if he intended to refer
27 to it today, as soon as he got it. He is now in a position
28 which I am not in. He has had the benefit of being able to
29 read it last night, I have not.
30
31 MR. MORRIS: For a start, I did disclose it as soon as I got it
32 because I was required to be in court all day yesterday.
33 So, I could hardly buzz off and photocopy this report.
34 Secondly, it was not in my power, custody or control.
35 I did not even know it existed until I saw it with my own
36 eyes at the end of the day yesterday. So, I have disclosed
37 it at the earliest possible moment. I understand that it
38 is a problem of we do not want to take up time that is
39 unnecessarily spent -- this is not a witness of fact, this
40 is a witness who is an expert witness -----
41
42 MR. JUSTICE BELL: No, that is not right. He is certainly a
43 witness of fact because he has given evidence as to the
44 states of affairs which prevail. I have to say when I have
45 read through his statement, although you say he, Mr. Long,
46 should be treated as an expert witness for the purposes of
47 being validly able to express opinions for me to consider,
48 I saw his July statement and his November letter as
49 predominantly statements of fact. So he is certainly both.
50
51 MR. MORRIS: Yes.
52
53 MR. JUSTICE BELL: He is certainly a witness of fact. You say
54 also that I should treat him as an expert witness in order
55 to enable him to express opinions on matters which I may or
56 may not accept at the end of the day, just as I may or may
57 not accept averments of fact.
58
59 MS. STEEL: Can I ask for clarification about that, because
60 people who are experts, their expertise is going to be
