Day 242 - 29 Apr 96 - Page 39


     
     1        dealt with because he is an expert in cardiology as well as
     2        diabetes.
     3
     4   MR. RAMPTON:  My Lord, I am sorry in a sense to repeat myself.
     5        I am not much concerned whether it is Professor Naismith or
     6        anybody else.  To be quite honest, if the Defendants are
     7        going to be giving additional evidence arising out of your
     8        Lordship's meaning, which is what your Lordship has just
     9        been inviting them to do, then they must, with respect,
    10        serve statements dealing with those issues which are not
    11        dealt with in their original statements.  They are, as it
    12        were, new witnesses.  That is the first point.
    13
    14   MR. JUSTICE BELL:  I am assuming they are just going to call
    15        witnesses to give the evidence, Miss Brophy and Dr. Brown,
    16        which is forecast in their statements ---
    17
    18   MR. RAMPTON:  In that case, I do not have a problem.
    19
    20   MR. JUSTICE BELL:  -- what alarms me at the moment is two months
    21        before the end of the trial introducing a whole lot of new
    22        expert evidence.
    23
    24   MR. RAMPTON:  My Lord, I mean, your Lordship said just now, we
    25        could recall Dr. Arnott but he must not express an opinion
    26        different from that which he expressed before he saw your
    27        Lordship's meaning.
    28
    29   MR. JUSTICE BELL:  I did not say that at all.
    30
    31   MR. RAMPTON:  Then I misunderstood you.
    32
    33   MR. JUSTICE BELL:  I am canvassing the recall of Dr. Arnott
    34        because I am told -- in fact, anyone who reads the
    35        newspapers knows -- that since the experts on nutrition
    36        were called, there have been new articles ---
    37
    38   MR. RAMPTON:  Yes.
    39
    40   MR. JUSTICE BELL:  -- and new attitudes to diet as it may affect
    41        degenerative diseases and anyone who is the least bit
    42        interested in that knows that there have, but so far as
    43        cancer is concerned, I do not see why Dr. Arnott should not
    44        fill in the gap for you.  It avoids the risk of having a
    45        whole new expert having his six penneth as well only two
    46        months before the end of the trial.  I am very concerned
    47        about heart disease.
    48
    49   MR. RAMPTON:  I am too, for the reason that none of the evidence
    50        that -- well, we did not call evidence on heart disease 
    51        because we took our admission to cover the issue as raised 
    52        by the defence of justification at that time which it 
    53        plainly did.  I have no evidence on heart disease for that
    54        very reason, but now the question is raised by the
    55        Defendants:  What is the extent of the risk?  That is a
    56        completely new topic, so far as the evidence on heart
    57        disease is concerned.
    58
    59   MR. JUSTICE BELL:  If I were to refuse leave to call Professor
    60        Naismith in relation to cancer and the generalities which

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