Day 242 - 29 Apr 96 - Page 38
1
2 It is quite clear that your Lordship is contemplating
3 allowing the Defendants almost any latitude to call
4 evidence to deal with the issues raised by your Lordship's
5 meaning. Your Lordship said just now that you would allow
6 them to ask Professor Crawford additional questions in
7 chief in the light of the meaning.
8
9 MR. JUSTICE BELL: I said that back in November.
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11 MR. RAMPTON: Yes, I know that, and also, Ms. Brophy will be in
12 a position to address that meaning in a way which my
13 nutrition witnesses have not been able to because of course
14 they were all called in 1994. Then there is Mr. Brown who
15 may be called to address the specific issues raised by your
16 Lordship's meaning. We submit that in fairness we ought to
17 have the same opportunity.
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19 MR. JUSTICE BELL: Why 5 months after I have made the ruling and
20 what may be, hopefully, only 2 months from the end of the
21 trial?
22
23 MR. RAMPTON: My Lord, surely the same must apply to the
24 Defendants, if that be right.
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26 MR. JUSTICE BELL: They are not, as I understand it,
27 contemplating calling any evidence they did not give notice
28 of a long time ago.
29
30 MR. RAMPTON: My Lord, with respect, I understand that. But
31 what your Lordship has just been saying to the Defendants
32 is: Call people you have already got you have not called,
33 but when you do that, contemplate asking them to deal with
34 the matters raised by your Lordship's meaning. If they had
35 been called at the proper time during the nutrition
36 evidence, they would never have had that opportunity any
37 more than my witnesses have had. They would have had to
38 have flown blind just as I had to.
39
40 It would not, in my respectful submission, be in the least
41 bit fair or just that the Defendants, by an accident of
42 chronology, should have the opportunity to deal in defence
43 of the leaflet with the issues raised by your Lordship's
44 meaning when I, by the same accident of chronology, have
45 been deprived of that opportunity.
46
47 MR. JUSTICE BELL: You have not; so far as cancer is concerned,
48 you can recall Dr. Arnott if you want, if you want to bring
49 it up to date because there have been interesting
50 publications apart from, no doubt, putting them to
51 Professor Crawford, whether it is in relation to cancer or
52 heart disease, you can do that. Why should we have an
53 extra expert witness who goes over a lot of the old ground
54 in his own terms and introduces two new aspects, it seems
55 to me only, though you may tell me that is wrong, namely,
56 updating since the evidence was heard, which Dr. Arnott can
57 deal with, without, as it were, introducing his own new
58 opinion in relation to it, which Professor Naismith does in
59 very forthright terms, and the question of heart disease,
60 with which, for instance, if need be, Dr. Keen could have
