[33] This submission contains an accurate summary of Mr van evidence. Vuuren’s However, I am satisfied, having heard Dr that she had valid Hemberger’s evidence, considerations underpinning the decisions she took from time to time and in changing circumstances, about the fate of the carcasses. From her testimony it is very clear that her main concern, and rightly so, was the safety of the public. What is also clear is that, because of the insistence that the carcasses remain in the chillers until he had plaintiff’s been exonerated by the results, the carcasses deteriorated to such an extent that they were no longer fit for human consumption and hardly fit for anything else. [34] Counsel for the defendant pointed to Mr van evidence that the initial focus Vuuren’s of his efforts were to have the carcass samples tested for any residue of Ivermectin and to assist the plaintiff in mitigating his losses. As the matter was urgent, he did not consult with the plaintiff in depth. He also did not recall that the plaintiff ever instructed him that according to the version of the agreement, risk and ownership had already plaintiff’s passed to the defendant upon delivery. Counsel submitted that it is reasonable to conclude that the plaintiff only came up with this version when cross-examined and that Mr van evidence, in effect, explains why the plaintiff initially intended to take Vuuren’s legal action against the State Veterinarian, and not the defendant for non-payment. I agree with these submissions. Dr Ian Baines [35] Dr Baines testified as an expert. He is a veterinarian by profession and in private practice. At the request of the plaintiff, he inspected the carcasses hanging in the chiller on 16 August 2007. I concentrate on the salient parts of his evidence. He testified that he saw no visible injection marks, although he did see marks where tissue samples had been removed for analysis. During cross-examination, however, he clarified that due to the fact that the carcasses had been hanging for such a long time, he could not commit to an opinion because he could not distinguish whether a mark was as a result of bruising caused during the slaughtering, or as a result of injections that had been made. I agree
[33] This submission contains an accurate summary of Mr van Vuuren’s evidence. However, I am satisfied, having heard Dr Hemberger’s evidence, that she had valid considerations underpinning the decisions she took from time to time and in changing circumstances, about the fate of the carcasses. From her testimony it is very clear that her main concern, and rightly so, was the safety of the public. What is also clear is that, because of the plaintiff’s insistence that the carcasses remain in the chillers until he had been exonerated by the results, the carcasses deteriorated to such an extent that they were no longer fit for human consumption and hardly fit for anything else. [34] Counsel for the defendant pointed to Mr van Vuuren’s evidence that the initial focus of his efforts were to have the carcass samples tested for any residue of Ivermectin and to assist the plaintiff in mitigating his losses. As the matter was urgent, he did not consult with the plaintiff in depth. He also did not recall that the plaintiff ever instructed him that according to the plaintiff’s version of the agreement, risk and ownership had already passed to the defendant upon delivery. Counsel submitted that it is reasonable to conclude that the plaintiff only came up with this version when cross-examined and that Mr van Vuuren’s evidence, in effect, explains why the plaintiff initially intended to take legal action against the State Veterinarian, and not the defendant for non-payment. I agree with these submissions. Dr Ian Baines [35] Dr Baines testified as an expert. He is a veterinarian by profession and in private practice. At the request of the plaintiff, he inspected the carcasses hanging in the chiller on 16 August 2007. I concentrate on the salient parts of his evidence. He testified that he saw no visible injection marks, although he did see marks where tissue samples had been removed for analysis. During cross-examination, however, he clarified that due to the fact that the carcasses had been hanging for such a long time, he could not commit to an opinion because he could not distinguish whether a mark was as a result of bruising caused during the slaughtering, or as a result of injections that had been made. I agree