Day 252 - 20 May 96 - Page 60


     
     1        A.  It is one factor.  I can think of more serious ones or
     2        more important ones, like lack of physical activity.
     3
     4   MR. JUSTICE BELL:  Lack of --
     5        A.  Physical activity
     6
     7   MS. STEEL:   Right, but you would agree it is one of the factors
     8        anyway?
     9        A.   No doubt, yes.
    10
    11   Q.   Diet that is?
    12        A.   Yes.
    13
    14   MR. JUSTICE BELL:   Just pause a moment.  Is there a prospect of
    15        completing Professor Naismith.
    16
    17   MR. MORRIS:  We think with a bit of goodwill on all sides we can
    18        probably finish our cross-examination in about fifteen
    19        minutes.
    20
    21   MR. RAMPTON:  I have about ten minutes I would think because
    22        there is some materials in here is simply because, I know
    23        Mr. Morris has been------
    24
    25   MR. JUSTICE BELL:   Let us see if we can complete Professor
    26        Naismith.  The reason I ask is that if you were not going
    27        to complete him, I would like to rise now because there is
    28        something else I could do, but if there is any possibility
    29        of completing Professor Naismith, let us say in the next
    30        half-hour, we ought to try and achieve it.
    31
    32   MR. RAMPTON:  Can I say this now, it might save time.  I would
    33        quite like to know what your Lordship does want me to do.
    34        It does seem to me quite a lot of this cross-examination
    35        readmits passages in Professor Naismith's original report
    36        which were excluded by your Lordship, particularly in
    37        relation of course to McDonald's food.
    38
    39   MS. STEEL:     We have not asked anything about food.
    40
    41   MR. RAMPTON:   No, no, no.  It is no good asking general
    42        questions about western diet and whether it is of little or
    43        no nutritional value for example in a case in which the
    44        whole context is McDonald's food.
    45
    46   MR. MORRIS:  No, we have talked about diet.  We have
    47        deliberately kept off the issues which were ruled
    48        inadmissible.
    49
    50   MR. RAMPTON:  In that case the cross-examination is irrelevant 
    51        and I do not believe it was meant to be.  Unless it bears 
    52        upon McDonald's food and the effect of McDonald's food on 
    53        the diet the whole of this cross-examination has been a
    54        complete waste of time.
    55
    56   MR. MORRIS:  Well, then why call the witness?  He can only have
    57        been called his evidence that was admissible was relevant
    58        and we have dealt with what his evidence was and we have
    59        tested it.
    60

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