Day 242 - 29 Apr 96 - Page 41


     
     1   MR. RAMPTON:  Of course I understand that and, by and large,
     2        I am heartily in agreement with your Lordship, but there
     3        comes a point where I have to, as it were, stand up for
     4        what I perceive to be my client's rights in the matter, and
     5        it is not right that one side should be allowed an
     6        opportunity of dealing with part of the case which is
     7        denied to the other side.
     8
     9   MR. JUSTICE BELL:  Have you thought about Dr. Keen as -----
    10
    11   MR. RAMPTON:  No, I have not, but I mean I will.  I do not know
    12        where he is or whether he knows anything about heart
    13        disease and its risks.  It may be that Professor Crawford
    14        in further cross-examination will give me everything
    15        I want, I do not know.
    16
    17        One notable event which has occurred has been the
    18        publication since my witnesses gave evidence of the COMA
    19        report on cardiovascular disease.  It may be that Professor
    20        Crawford will agree with the propositions which I will base
    21        on that, provided that I am allowed to do so and that
    22        depends on the further question, are the parties now going
    23        to address the questions in relation to heart disease which
    24        your Lordship's meaning raises but no other aspects of the
    25        matter raised by that meaning?  If they are, I, obviously,
    26        cannot guarantee that Professor Crawford is going to give
    27        me the answers I want.  I must prepare myself to call
    28        evidence on that aspect of the case.  I have done it as
    29        quickly as I possibly could.  I kept Professor Naismith at
    30        bay until after the Defendants appealed to the Court of
    31        Appeal, which, as it turned out, was a complete damp squid
    32        because they abandoned 90 per cent of it at the door of the
    33        court.  I now produce him.  I do ask for leave.  I do not
    34        mind if your Lordship says -----
    35
    36   MR. JUSTICE BELL:  I have to say not -- I do not say this in any
    37        self-justification, but since November of last year it has
    38        been apparent that the meaning which I ruled it to be might
    39        very well be the meaning of the words in the case.
    40        I cannot see any reason why, if there was a possibility of
    41        calling another witness, one had to wait for an appeal
    42        which might come very late before actually serving new
    43        evidence.
    44
    45   MR. RAMPTON:  This is about to become argumentative (which
    46        I hate being) but my recollection is -----
    47
    48   MR. JUSTICE BELL:  It is argumentative because it may help me
    49        sort it out in my mind.
    50 
    51   MR. RAMPTON:  My recollection is that your Lordship actually 
    52        said (and I think your Lordship made a reference to it 
    53        yesterday) defer the additional or the question of the
    54        additional nutrition witnesses until after the Court of
    55        Appeal has decided the question.  Because, until that was
    56        clear it would have been, frankly, a waste of our time and
    57        our client's money to go around getting new expert evidence
    58        if the Court of Appeal was going to say:  Your Lordship is
    59        completely wrong anyway; it bears no meaning anything like
    60        that, or if the Court of Appeal had said, the judge's

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