Day 010 - 11 Jul 94 - Page 34


     
     1
              Now, if I may, I would also refer you to a document that
     2        is in the packet, the McFact Packet, the last document in
              the fact pack.
     3
         MR. MORRIS:  Which packet is that?  The Polystyrene Fact Sheet?
     4        A.  Yes, that is correct; the last document in that
              collection.
     5
         Q.   Which is document number 5 in our series?
     6        A.  That is right.  If you go back a couple of pages into
              it actually you will find a document titled "Polystyrene
     7        Food Service Packaging:  A Health Profile".
 
     8   Q.   Wait a minute, I cannot find that -- yes, sorry, it is
              about the tenth page into that bundle.  It is the tenth
     9        page.  This is produced by who?
              A.  If you turn a page in ----
    10
         Q.   We have it the wrong way round here; that is my
    11        photocopying ability; about four pages before that we have
              other pages ----
    12
         MR. JUSTICE BELL:  Could I just ask you, Mr. Morris, do any
    13        medical witnesses deal with this?
 
    14   MR. RAMPTON:  No, my Lord. The problem is this.  It was never a
              pleaded matter.  It was mentioned in passing in
    15        Mr. Lipsett's statement.  If we are going to go into it in
              considerable depth, plainly papers such as this one by
    16        Mr. Baggett, which comes from I know not what learned
              journal or indeed I know not what Mr. Baggett's
    17        qualifications are, but they would have to be reviewed by
              people like Professor Walker, who is a toxicologist.
    18
         MR. JUSTICE BELL:  I suggest we go on.
    19
         MR. MORRIS:  We will try to be as brief as we can.
    20
         MR. JUSTICE BELL:  If it comes to the crunch, what troubles me
    21        is -- I know because I was counsel in it -- that some
              years ago the Court of Appeal said that articles written
    22        by experts -- in that case it was a medical expert -- are
              not evidence in themselves unless and until a medical in
    23        that case expert in the witness box said "I read that and
              I agree with it".
    24
         MR. MORRIS:  Yes.
    25
         MR. JUSTICE BELL:  So what I suggest is carry on but bear that 
    26        in mind.  You see Mr. Lipsett, in fairness to him, has not 
              said he is an expert in styrene migration.  He has said a 
    27        large part of his function is research and this is what he
              has turned up.
    28
         MR. MORRIS:  If we refer to that last document which are pages
    29        7, 8 and ten of our document number 5.  If you note on
              page 8 -- sorry, I photocopied them in the wrong order of
    30        course -- but on page 8 it has at the end of that document
              "The Polystyrene Packaging Council".  Can you say what

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