Thursday, 16 February 2012

Week 5, Day 4

At last, something to blog about!

This was to be the day for the final witness for Babcock to give his evidence and be cross-examined. This witness was Dr Gilchrist, whose area of expertise was deemed to be birds and all the stuff to do with the Habitats Directive.

Some time was spent trying to deal with buzzing loud speakers, without much success. A solution was eventually achieved when Malcolm arrived in the afternoon, and advised that they try switching the system off and switch it back on again!

All started off as normal, with the QC for Babcock leading the witness's evidence. However, this quickly developed into another vehicle to attack SNH for changing their mind and becoming an objector (an event which had happened in early November). After about an hour and a half, everyone decided that there was an awful smell of paraffin in the room, so the hall was evacuated and a coffee break taken. It was discovered that there were men working on the roof, using some paraffin-based bitumen near one of the air intakes! This was sorted fairly quickly and the interlude barely interrupted the flow of Babcock's QC who continued with leading evidence until quarter past twelve!

At last , it was time for cross-examination. SNH began the process. There were various questions about the witness's understanding of the legal issues around the Habitats Directive, and then about the quality assurance procedures that were in place to ensure data provided was accurate. There then followed a detailed analysis of the arithmetical derivation of various numbers in the tables recording bird distribution. Error after error was exposed. Babcock's QC intervened and said this should have been sorted out sooner. SNH pointed out that they had asked for the raw data, so that they could understand where the errors had arisen. Babcock had not let them have it because it might be commercially sensitive!

It was decided that SNH's cross-examination should stop, and the Reporters would discuss the situation over lunch. After lunch, it was decided that the SNH cross examination should cease until the issue of the figures was sorted. There would be a meeting on Monday to sort this out, and the whole business of this cross-examination would be held over until March 1st! So, all of a sudden, it was JAG's turn to cross examine the Babcock witness. Beryl approached the task with enthusiasm and did a brilliant job. We are all very proud of her.

On Monday, it will be the turn of Forth Ports witnesses to take the stand.

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