Day 052 - 21 Nov 94 - Page 45
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2 MR. JUSTICE BELL: If one goes from page 17, line 18.
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4 MR. RAMPTON: Very well. This is me: "I would hope that it was
5 entirely clear by now, from the evidence of my witnesses,
6 Dr. Arnott and Professor Wheelock and from what I have said
7 to your Lordship in opening this case, it is accepted -- it
8 would be insane not to accept -- that there is a body of
9 evidence suggesting a relationship between that kind of
10 diet and the incidence of cancer. I have always made that
11 clear, and to, as it were, go over the same old ground
12 again and again" ------ Your Lordship: "I do not think you
13 are. Can we cut it short in this way? I had understood--
14 I may be wrong ----- that you", that is the Defendants,
15 "are calling Professor Crawford because he might support a
16 contention -- let us leave aside the meaning of the leaflet
17 for the moment -- that what I would just call a fatty diet
18 is a cause of certain cancers. I may have misunderstood,
19 but if that is why you have called Professor Crawford,
20 re-express your question but use the word 'cause' rather
21 than 'link'."
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23 MR. JUSTICE BELL: That comes after Ms. Steel had said at the
24 top of the page: "Obviously we are going to argue that the
25 leaflet nowhere states that if you eat McDonald's food you
26 will get cancer". I said: "I know you are, but the case
27 you have to meet against you is that it is alleged that it
28 does mean 'cause'."
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30 MR. RAMPTON: Exactly. My Lord, if that was not as clear a
31 statement as could be to the Defendants at that stage in
32 the case of what your Lordship understood to be the case
33 which the Defendants had to meet, I could not say what was,
34 because that plainly represented your Lordship's
35 understanding of everything that I had previously said in
36 the case and of the questions which my witnesses had been
37 asked both in examination in-chief and possibly also in
38 cross-examination.
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40 My Lord, would your Lordship like me to read on? I think
41 perhaps I ought to?
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43 MR. JUSTICE BELL: I think if you did carry on through page 18.
44 Then the advantage is that Ms. Steel and Mr. Morris will
45 hear it now and then they can read it again tonight, if
46 they wish.
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48 MR. RAMPTON: In answer to your Lordship's urging Ms. Steel to
49 re-express her question, but use the word"cause" rather
50 than "link", Ms. Steel said: "I just want to say, I think
51 that the Plaintiffs are shifting their ground
52 considerably." Your Lordship said: "Do not bother about
53 that." Ms. Steel said: "It is a problem because the
54 reason we called Professor Crawford was because the
55 Plaintiffs were denying there was a link between diet and
56 cancer. That was specifically why they argued that we
57 should not have a jury because there was going to be
58 complicated scientific argument".
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60 I pause there to remind your Lordship of what I actually
