Day 052 - 21 Nov 94 - Page 39


     
     1
     2   MR. JUSTICE BELL:  Is it wrong to say that, really, the real
     3        point of Dr. Arnott's evidence-in-chief was to deal with
     4        the possible causes of certain kinds of cancer?
     5
     6   MR. RAMPTON:  No, that is absolutely right.
     7
     8   MR. JUSTICE BELL:  And of Professor Keen's evidence-in-chief,
     9        the possible causes of NIDDN.
    10
    11   MR. RAMPTON:  That is absolutely right.  That is exactly the
    12        reasons they were called because, as we saw it and as the
    13        Defendants must by now have seen it, the issue was whether,
    14        leaving aside the question of whether an actual meal caused
    15        or contributed to cancer or heart disease, there was any
    16        sensible evidence that diet is a cause of these two and
    17        other cancers.
    18
    19        The whole of Dr. Arnott's evidence, a large part, perhaps
    20        the whole of Keen's evidence and some considerable part of
    21        Dr. Wheelock's evidence, was directed to that question.
    22        That would not be, perhaps, as important as it is, in my
    23        submission, if it were not for the fact that the whole --
    24        I use that word broadly because there may be a nit to be
    25        picked here or there -- of the cross-examination of those
    26        witnesses was directed to the same question.
    27
    28        It may be best -- I do not know when your Lordship is going
    29        to give judgment -- to save time if what I do is, with the
    30        help of Mr. Atkinson, simply give in due course your
    31        Lordship a list of the references in the evidence of those
    32        witnesses, both in-chief and in cross-examination, which
    33        bears out what I said and what had been your Lordship's
    34        impression.  Of course, if I gave it your Lordship, I would
    35        give it to the Defendants as well, of course I would.
    36
    37   MR. JUSTICE BELL:  I think that would be probably be helpful.
    38        Your transcripts are at home, are they?
    39
    40   MR. RAMPTON:  That is one reason I said what I did.
    41
    42   MR. MORRIS:  We have these at home, yes.
    43
    44   MR. JUSTICE BELL:  If sometime this afternoon you can give me a
    45        list and Ms. Steel and Mr. Morris a list of the references,
    46        then in due course I will read them through.
    47
    48   MR. RAMPTON:  May I make this observation -- I do not want to
    49        spend a lot of time going through the transcripts now; it
    50        is obviously not fair partly for the reason or mostly for 
    51        the reason the Defendants have not actually brought their 
    52        transcripts to court -- can I just read quickly from the 
    53        beginning of Dr. Arnott's cross-examination which began on
    54        13th September?
    55
    56   MR. JUSTICE BELL:  Can you remind me when -- I think the letter
    57        from Mrs. Brinley-Codd enclosing the draft -- I have a copy
    58        of a letter to Ms. Steel dated 29th September 1994
    59        enclosing the proposed amendment.
    60

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