Day 201 - 15 Dec 95 - Page 15


     
     1        saying in the Freudian case, he is not saying that one
     2        excludes only that which is irrelevant, because that is
     3        excluded anyway.  What he is saying is that the court must
     4        focus -----
     5
     6   MR. JUSTICE BELL:  Within that which is arguably relevant.
     7
     8   MR. RAMPTON:  Yes.  But if it is peripheral, then it should be
     9        discarded and ignored, and one should concentrate on the
    10        vital, decisive or determinative issues.
    11
    12   MR. JUSTICE BELL:  I think it is best I give a formal ruling in
    13        relation to this.
    14
    15             (For ruling, please see separate transcript)
    16
    17   MR. RAMPTON:  My Lord, that just leaves next term's schedule --
    18        I say "just".  We have done as your Lordship has suggested
    19        and are now in the process of lining up our Colchester
    20        witnesses for the beginning of next term.
    21
    22   MR. JUSTICE BELL:  Yes.  Before you go on to that, I said that
    23        I would ask Ms. Steel and Mr. Morris today if they could
    24        give any further help in relation to nutrition witnesses.
    25        I remember very well what Ms. Steel said about wanting to
    26        read Dr. Arnott and Professor Wheelock before reaching a
    27        decision about them, but I did hope they could give me some
    28        help about other witnesses.
    29
    30   MR. MORRIS:  I cannot remember really what we said before and
    31        what would be different if we spoke now.
    32
    33   MR. JUSTICE BELL:  Let me remind you because I marked it in --
    34        I think everyone got a copy of the transcript of Tuesday
    35        because it went to procedural matters, and it was towards
    36        the bottom of page 26.  You indicated you were going to
    37        call Miss Brophey.
    38
    39   MR. MORRIS:  Yes, I think, as regards Fiona Winter, whatever her
    40        status is, then we will certainly reconsider calling her,
    41        because whether it is a recall or whether it is -- sorry,
    42        we are not recalling, whatever her status is, I think she
    43        should be called, rather than track down exactly what her
    44        status is.  Obviously -----
    45
    46   MR. JUSTICE BELL:  But is there any other witness, because you
    47        will remember part of what you were saying was related to a
    48        heart disease and the fact that you had not called
    49        witnesses there.  I am not urging you to call them.
    50 
    51   MR. MORRIS:  No, we want to get advice on that.  We are going to 
    52        consider whether we need to recall Geoffrey Cannon. 
    53        Obviously, Professor Crawford is coming back.  Colin
    54        Campbell, we intend to call.  He was initially a Civil
    55        Evidence Notice from America.  If you remember, he did the
    56        China study, in the light of the ruling, and he had made a
    57        further statement for us, and an indication from him that
    58        he is prepared to come, then that will be our intention to
    59        call him.
    60

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