Day 031 - 05 Oct 94 - Page 50


     
     1        litigation.
     2
     3   MS. STEEL:   I do not know how we could have dealt with that
     4        without -- I just think it is a ridiculous comment from
     5        Mr. Rampton.
     6
     7   MR. JUSTICE BELL:  The answer is I do not think you needed to
     8        ask, but I saw no point in stopping you asking this
     9        witness the question.
    10
    11   MS. STEEL:   When we do not put parts of the leaflet to
    12        witnesses, we get criticised for that and when we do put
    13        them, we get criticised by Mr. Rampton for that.  It seems
    14        a no-win situation.
    15
    16   MR. JUSTICE BELL:  I do not think that is so.  A more accurate
    17        way of doing it might be merely to ask whether in the
    18        witness's view a diet high in fat, sugar, animal products
    19        and sodium and low in fibre, vitamins and minerals is
    20        linked -- for whatever purpose that means to the witness,
    21        I do not know -- with cancers of the breast, bowel and
    22        heart disease.  But, at the end of the day, whatever that
    23        witness's answer is to that question, I am going to have
    24        to go further back in the evidence, having decided what I
    25        think the leaflet means and see whether it is supported or
    26        not.  But do not concern yourself with it at this stage.
    27
    28   MS. STEEL:   I mean, I do not understand what we are supposed
    29        to do; whether we are supposed to put parts of the leaflet
    30        to witnesses or not.
    31
    32   MR. JUSTICE BELL:  I am not objecting to your question.  I am
    33        perfectly happy that Mr. Rampton should raise it.  But, as
    34        far as I am concerned, at the end of your witnesses
    35        in-chief you can ask a composite question like that.  Then
    36        at the end of the day I will have to sit down and see
    37        whether the answer actually helps me, bearing in mind the
    38        different functions which witnesses have and I have to the
    39        conclusion.
    40
    41   MS. STEEL:   I think there was not any trickery involved in
    42        asking that question.  I think this is -----
    43
    44   MR. JUSTICE BELL:  Quite frankly, I had not supposed that there
    45        was.
    46
    47   MS. STEEL:   Right, but I think it is important what experts in
    48        the field, whether they believe that it is generally
    49        accepted fact or not.
    50 
    51   MR. JUSTICE BELL:  Yes.  You argue that at the end of the case. 
    52 
    53   MS. STEEL:   We had the Plaintiffs' witnesses expressing their
    54        opinion on whether it is was accepted or not.
    55
    56                       Cross-Examined by Mr. Rampton
    57
    58   Q.   Professor Crawford, only a very few limited questions.  I
    59        regret to say that through no fault of mine, my clients or
    60        my solicitors we will have to ask you come back to court;

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