Day 039 - 20 Oct 94 - Page 54


     
     1        Professor Crawford to come back to court, partly because I
     2        do not want to waste time and partly also because I am not
     3        here as amicus; I am here representing one side in an
     4        adversarial procedure.
     5
     6        If, however, your Lordship were to indicate that your
     7        Lordship would find the difficult issues which Professor
     8        Crawford's evidence touches on is a resolution if you heard
     9        me cross-examine him, why, then I am happy to change my
    10        mind.
    11
    12   MS. STEEL:  If he is not cross-examined does that mean  -----
    13
    14   MR. JUSTICE BELL:  It does not mean, as I said to you, that if
    15        you do not cross-examine a witness that means you have
    16        accepted everything he has said.  Do you remember that
    17        either you or Mr. Morris asked about that, and I reassured
    18        you about that?
    19
    20   MS. STEEL:  Yes, but if Mr. Rampton is going to criticise a lot
    21        of what Professor Crawford said but he has not
    22        cross-examined him on it, is that allowable?  I understand
    23        there might be things that missed out by mistake, but where
    24        he is saying:  "I do not want to cross-examine him".
    25
    26   MR. JUSTICE BELL:  Quite frankly, I find it extremely difficult
    27        to rule on that in the abstract.  What I think we should do
    28        is finish, get on with Dr. Millstone.  If we finish him
    29        during tomorrow and there is time left and you want to come
    30        back to this, then I will try to be helpful.  But I think
    31        it has to be illustrated by either you saying: "Mr. Rampton
    32        did not challenge that, does that mean he can still argue
    33        that it was wrong", or Mr. Rampton saying:  "I have taken
    34        the view that I did not need to challenge Professor
    35        Crawford on this because I can refer to this, that or the
    36        other later".
    37
    38   MS. STEEL:   I do not know.  I am feeling like I am getting
    39        increasingly concerned by what is going on and the
    40        implications for later on in the trial.
    41
    42   MR. RAMPTON:  No, my Lord ----
    43
    44   MR. JUSTICE BELL:  I do not think you are being taken advantage
    45        of.  I am not anxious about Mr. Geoffrey Cannon for this
    46        reason, that he has obviously built up a very considerable
    47        knowledge of the literature over the years.  So he is
    48        particularly adept at saying: "For support for this look at
    49        that".  But he does not pretend to be a medical or chemical
    50        expert in the particular field.  So, to a very large extent 
    51        you, Mr. Morris, or Mr. Rampton, if we did our homework 
    52        could put ourselves in just as good a position as 
    53        Mr. Cannon when it came to referring to a paper and saying
    54        what it means.  Do you follow me so far?
    55
    56   MS. STEEL:   I do not know.  He has taken a long time learning
    57        all about it.  I do not know it is quite that simple.
    58
    59   MR. JUSTICE BELL:  If we read the same papers it might well be
    60        that we would be in no worse position than he is.  When you

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