Day 036 - 13 Oct 94 - Page 42
1 day, indeed, until judgment is delivered.
2
3 MR. RAMPTON: I know.
4
5 MR. JUSTICE BELL: One cannot curtail the area of investigation
6 on the basis that the meaning is X or Y; is that right,
7 Mr. Rampton?
8
9 MR. RAMPTON: Of course it is, it is always right in jury cases
10 it has traditionally been right in judge alone cases.
11 I believe that in one or two recent cases it has been
12 suggested -- whether it has happened yet, I do not know --
13 that because the judge is 13 people rolled into one, it
14 would not be inappropriate for him to decide the meaning
15 of the words complained of at the beginning of case or
16 even before that.
17
18 MR. JUSTICE BELL: I can see advantages in being able to save
19 time, but what then happens if something crops up during
20 the eventual trial which might be relevant to what the
21 meaning was?
22
23 MR. RAMPTON: It might particularly in innuendo cases; that is
24 always a possibility.
25
26 MR. JUSTICE BELL: I see it may be difficult.
27
28 MR. RAMPTON: It saves time very often but it may be
29 unnaturally a straitjacket.
30
31 MR. JUSTICE BELL: Anyway, the point is I have done my best not
32 to restrict the evidence which you call on this point, and
33 I am not minded to restrict the points which Mr. Rampton
34 makes. I have to say that when we have done nutrition and
35 we are getting on to other factors, it may be easier for
36 us by agreement (and only by agreement) to limit some of
37 the evidence or issues which are canvassed. But that is
38 just a general comment for everyone to think about.
39
40 MR. MORRIS: I would like to make a brief but centrally
41 important point. As far as we are concerned, without any
42 disrespect to anybody in the court, it seems to us that
43 the Plaintiffs have accepted our entire case on links
44 between diet and disease, and to continue the debate they
45 have continually shifted the goal posts as we are going
46 through the evidence and, indeed, beforehand, in order to
47 maintain the depth and the length of their particular
48 debate.
49
50 At the end of the day, OK, we are happy to sit here as
51 long as necessary, but it does seem to us that if you
52 feel, like you have done with us -- "Where are we going
53 Mr. Morris? This is something that has been gone over
54 before", or whatever -- I think that the same could apply
55 to the Plaintiffs if you feel that the goal posts are
56 shifting, it would be a helpful indication.
57
58 MR. JUSTICE BELL: I do not personally think they are, but
59 I have not heard argument about it. So all I am prepared
60 to say is that I am certainly not at this stage convinced
