Day 052 - 21 Nov 94 - Page 45


     
     1
     2   MR. JUSTICE BELL:  If one goes from page 17, line 18.
     3
     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'."
    22
    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'."
    29
    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.
    39
    40        My Lord, would your Lordship like me to read on?  I think
    41        perhaps I ought to?
    42
    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.
    47
    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".
    59
    60        I pause there to remind your Lordship of what I actually

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