Day 033 - 10 Oct 94 - Page 61
1 fact that in a large number of cases they simply do not
2 support the propositions contained in the text.
3
4 MR. JUSTICE BELL: That is for cross-examination.
5
6 MR. RAMPTON: That is the trouble; what I have not done is
7 I have not singled out those that, arguably, do lend some
8 support because that is not particularly interesting.
9
10 MR. JUSTICE BELL: Can I make a suggestion that we just take it
11 page by page? You ask, for instance, Dr. Barnard to look
12 at page 1 and ask him if there are particular papers on
13 that page which he thinks support a particular point which
14 he has made today.
15
16 MR. RAMPTON: Would your Lordship a numbered one?
17
18 MR. JUSTICE BELL: No. The one I am looking at now is
19 numbered. The one which was not numbered was the one
20 behind the statement which was the one I was looking at
21 originally.
22
23 MR. MORRIS: I would like to do it a different way, if the
24 court agrees, which is to let Dr. Barnard take the file
25 overnight and go through it and identify which parts, if
26 any, of each report he wants to draw the court's attention
27 to. If I get the rest of the documents that are not in
28 that file, if I get them out of the way, then tomorrow we
29 can just do that as the first and probably last job on our
30 side. I think it would speed it up if Dr. Barnard casts
31 his eye over it.
32
33 MR. JUSTICE BELL: I think that is probably right.
34
35 MR. RAMPTON: I agree.
36
37 MR. JUSTICE BELL: Do you understand?
38
39 THE WITNESS: I think I do.
40
41 MR. JUSTICE BELL: The point is that you identify the papers
42 which you think particularly underline what you have said,
43 and if you would be kind enough to take away that bundle.
44 Is there any advantage in also taking away at least the
45 second part of orange IV which was the Dr. Arnott
46 references?
47
48 MR. RAMPTON: My Lord, he should if he has got the time -- it
49 is quite tough -- read those. He should read, if he can,
50 Professor Crawford's references to which I shall certainly
51 be making reference and, if he has additional time,
52 Mr. Cannon's references as well. Although that gives him
53 forewarning of the questions he is going to get then from
54 me, it will not surprise him no doubt.
55
56 MR. JUSTICE BELL: Should he look at the green bundle? I have
57 a bundle here "Dr. Barnard cross-examination documents".
58
59 MR. RAMPTON: He knows all those. Those are what one might
60 call somewhat rebarbative statements by the American
