Day 019 - 27 Jul 94 - Page 80
1 bundles?
2 MR. RAMPTON: He tells me the pig brochure was the only thing
because, as it happened, we only had four copies of the
3 pig brochure. I think I have one in the boot of my car
and I will try to find it.
4
MR. JUSTICE BELL: He is as confident as he can be, in a case
5 like this where there are so many documents and obviously
error is bound to occur from time to time, that the
6 defendants have everything I have and everything you have
in your trial bundles.
7
MR. RAMPTON: I am not saying error cannot occur, of course it
8 can, but I believe he is confident they have, yes.
9 MR. JUSTICE BELL: In my view, you ought to be satisfied with
that at the moment. If we have occasions in the future
10 where a document is referred to which turns out to be in
the plaintiffs' bundle or my bundle, but not in yours, we
11 may have to explore the matter further and see what we can
do about that.
12
MR. MORRIS: You said that you wanted to discuss the additives,
13 Mr. Wheelock and additives.
14 MR. JUSTICE BELL: I will say again what I was saying this
morning. Not long after, or some time after you began to
15 cross-examine Professor Wheelock about additives, it was
suggested that your cross-examination on that topic might
16 be better directed at Professor Walker because he was the
additives specialist. That attracted me, and as a result
17 of what Mr. Rampton said I made a note in my notebook
that, so far as additives are concerned, I can put
18 Professor Wheelock's evidence aside, and concentrate on
Professor Walker.
19
Since I wrote that note, it occurs to me that that may not
20 be right, because Professor Wheelock was -- he dealt in
his statement with additives generally, but he
21 specifically, in his verbal evidence, spoke about the
necessity or benefit of additives in certain
22 circumstances.
23 It seems to me that the plaintiffs are still relying on
that part of the evidence, his evidence. Where they do
24 not rely on his evidence but will be relying upon the
evidence of Professor Walker in relation to additives, is
25 as to whether they do us any harm if we ingest them in the
proportions in which they are found in food, and, more
26 particularly, McDonald's food.
27 So you reserve cross-examination on toxicity for Professor
Walker, but if there was anything which you meant to
28 challenge in Professor Wheelock's evidence about whether
they were necessary or a positively good thing, you should
29 deal with that. You can probably do it quite shortly.
30 MR. MORRIS: Yes.
