Thanks for that David - very useful information. Such knowledge is not
widely known I'm sure and emphasises the need to choose your expert widely.
John
-----Original Message-----
From: David Evans [mailto:david.evans@xxxxxxxxxxxx.co.uk]
Sent: 16 January 2004 16:19
To: UK Tree Care
Subject: RE: Chapman v LB Barking & Dagenham
Hi John
As promised, I have spoken to David Rose, and the aerobic bacteria were
identified (Easy to do because the cells move in unison and the
peptidoglycan cell wall is marked somewhat like a leotard - well it is
Friday) from two cores one above the other. The topmost had the greater
population, and the bacteria were those opportunistic chaps associated with
what is sometimes called the transition zone; indicating wood that has been
rendered dysfunctional, oxygenated, and predisposed to decay. In this zone
it is uncommon to be able to isolate the decay fungi but aerobic bacteria
are very common. The sampling appeared to confirm the hypothesis that the
dysfunctional wood had been tapering from the top down rather than bottom
up, implicating pruning wounds as the seat of infection.
<<Chris H has mentioned that the bacteria thing doesn't matter in the
context of the Chapman case and all the subsequent rulings because the judge
made
his decision on other factors. The point I am trying to make is that if the
evidence had been presented better during the case by the defence the
outcome might have been different or at the very minimum proper
Arboricultural factors were considered.>>
As Chris said, the Judge did indeed nail Dagenham because they claimed to
have a system of inspecting trees that transpired to be little more than 'a
list'. So the thorny issue of whether the defect, and potential for
failure, was reasonably foreseeable by a competent arboriculturist was
superseded. I don't think the defence did themselves any favours though
with the arboricultural evidence, but given the limb failure, removing the
evidence, and having no records they were all ways going to be hamstrung on
the balance of probabilities.
Cheers
Acer ventura
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