Day 242 - 29 Apr 96 - Page 40
1 he expresses as to diet, which exclude lots of things
2 I thought I had managed to steer out of this case, like
3 young women eating vegetarian diets and so on, which he has
4 included in his statement, would you still apply for leave
5 to call him in relation to heart disease aspects only?
6
7 MR. RAMPTON: I would have to, because, as I say, that is a new
8 field. It is unchartered territory, both so far as we are
9 concerned and, indeed, so far as your Lordship is
10 concerned. If the Defendants are going to be given the
11 opportunity to deal with that new territory, then, in my
12 respectful submission, justice demands that I must be
13 allowed to do so too. I do not mind who it is, but
14 somebody on my side, if the Defendants are to be allowed
15 that opportunity, must be allowed the opportunity to come
16 to say to your Lordship: "Contrary to what the Defendants
17 assert, the risk is not, in fact, a very great one", or
18 whatever they might be disposed to say, I do not know. But
19 I do not understand why it should be thought that Professor
20 Crawford could have any additional evidence to give.
21
22 MR. JUSTICE BELL: I do not know that he does.
23
24 MR. RAMPTON: I thought I had understood your Lordship inviting
25 the Defendants to consider asking him additional questions
26 in-chief. That can only be as a consequence of your
27 Lordship's meaning.
28
29 MR. JUSTICE BELL: If the Defendants oppose Professor Naismith
30 and if I am minded to say "no" to Professor Naismith, I may
31 have to reconsider the matters so far as any further
32 evidence-in-chief from Professor Crawford is concerned. As
33 far as I am concerned, it is all open country for me to
34 decide.
35
36 MR. RAMPTON: Of course it is, but, my Lord, can I just say
37 this: I do not mind who the witness is, but if the
38 Defendants' witnesses, because, as I say, of an accident of
39 chronology, prompted by their application to strike out our
40 case, if your Lordship recalls, if the Defendants are
41 allowed to call additional evidence, that is to say,
42 evidence which is not already included in their witness
43 statements, or which has not already been given in-chief,
44 to deal with the heart disease aspect and no other of your
45 Lordship's meaning, then in justice I must be allowed to do
46 so too, otherwise you have evidence from one side -----
47
48 MR. JUSTICE BELL: I understand your point on that. Is Dr. Keen
49 someone who can give evidence?
50
51 MR. RAMPTON: I do not know whether he can give evidence -----
52
53 MR. JUSTICE BELL: I will tell you why -- I will be quite open
54 about why it is -- I am very anxious about producing
55 another expert. He can be called, I can see, limited to
56 certain aspects. That, however, may be difficult. I would
57 very much rather at this stage, hopefully near the end of
58 the hearing, restrict the field of witnesses to those
59 witnesses who have made statements long ago.
60
