Day 037 - 14 Oct 94 - Page 62


     
     1        is no cut-point off point really, so less is better, I
     2        think this is an overriding matter of public interest and
     3        public concern.  I am afraid I completely reject your
     4        imputation of bias, because I do not happen to mention
     5        other factors in the study.  This is the most important
     6        factor that emerges from the study.
     7
     8   Q.   I thought you might say that.  Whether I see it or not,
     9        Mr. Cox, I cannot reveal to you.  It is not the business
    10        of counsel to answer questions. Mr. Cox, when do you think
    11        that the manuscript of this book was delivered to the
    12        publisher?
    13        A.  Well I cannot tell you without referring to my notes
    14        I am afraid.
    15
    16   Q.   It was published in 1994 do you think it was published
    17        before October 1992?
    18        A.  Did you mean to ask me that?
    19
    20   Q.   I meant to ask you do you think it was delivered before
    21        October 1992?
    22
    23   MR. JUSTICE BELL:  Your copyright is 1994.
    24        A.  Yes, that is right.  I suspect most of it was not.
    25
    26   MR. RAMPTON:  Most of it was not?
    27        A.  Most was not delivered before that date, I suspect
    28        but.
    29
    30   Q.   The bulk will have been delivered to the publisher long
    31        after October 1992?
    32        A.  Well, you know, you are trying to force me to say
    33        something that I do not feel comfortable saying.  I would
    34        have to refer to my diary.
    35
    36   Q.   We will look at something else.  You have the orange file?
    37        A.  Yes.
    38
    39   Q.   Please turn to tab 5.  You have been in court quite a lot
    40        while Dr. Barnard was giving evidence?
    41        A.  No, not quite a lot.
    42
    43   Q.   You have been in court.  You were in the court earlier in
    44        the case, were you not?
    45        A.  I was, but I would not say quite a lot.  I understand
    46        Dr. Barnard was here for four days.
    47
    48   Q.   So it may be that you have noticed this particular paper
    49        before now.  This is two years later on in Dr. Willett's
    50        study.  It is headed "Dietary Fat and Fibre in Relation to 
    51        Risk of Breast Cancer"? 
    52        A.  Yes. 
    53
    54   Q.   It is the Journal of the American Medical Association,
    55        October 21st as far as I can read it, 1992, is it not?
    56        A.  Yes.
    57
    58   Q.   Do you think that you read this study before you delivered
    59        your manuscript to the printer?
    60        A.  That is an impossible question for me to answer, I am

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