Day 057 - 29 Nov 94 - Page 13
1 me, whether in-chief of my witnesses or in
2 cross-examination of the Defendants' witnesses, that was
3 not concerned with the question of causation.
4
5 MR. JUSTICE BELL: Having said that, presumably, if the
6 Defendants said, if leave to amend were granted, that they
7 would wish to ask questions of Professor Wheelock,
8 Dr. Arnott and Professor Keen, you would not stand in their
9 way?
10
11 MR. RAMPTON: No, I would not but I would say that -----
12
13 MR. JUSTICE BELL: Even if it might not be necessary, even if
14 reading them all again one said it is difficult to
15 understand what they could further ask, and even if you
16 would say: "Well, if they were not recalled, they would
17 suffer no injustice", then with what I think it is fair to
18 describe as a late amendment, if leave was granted, it
19 would not be right to prevent them from asking further
20 questions, if they wished.
21
22 MR. RAMPTON: No, I absolutely accept -- I think I have already
23 accepted that when I opened this application. I do accept
24 that. They have the advantage that somebody who is or
25 appears to be a real expert -- I would use that word to
26 distinguish him from Dr. Barnard whom, your Lordship will
27 not be surprised to find, I do not seriously regard as an
28 expert in this field at all -- Professor Crawford is coming
29 back to court.
30
31 MR. JUSTICE BELL: Professor Crawford is coming back. In any
32 event, if leave is given for the amendment, and if the
33 Defendants, or either of them, said: "In the light of
34 that", or just for any other reason, "we would like to ask
35 Professor Crawford further questions before Mr. Rampton
36 resumes his cross-examination", I myself cannot see that
37 there could be any possible objection to that.
38
39 MR. RAMPTON: I would not make one.
40
41 MR. JUSTICE BELL: If they wanted to recall Mr. Cannon, I cannot
42 see that there would be any objection to that. I
43 personally, although I heard what Ms. Steel said about
44 Dr. Barnard, think he went the whole hog anyway, both on
45 cancer and heart disease, and he gave answers, it is quite
46 true, which you will say show him resiling to some extent.
47 But they were quite clear cut answers and support given to
48 the point saying, "It is generally accepted in America
49 that" and so on and dealing with cause. So, I cannot see
50 any difficulty there.
51
52 If the Defendants felt that they wanted to ask any of your
53 nutrition witnesses further questions, I cannot really see
54 -- you have indicated as much -- there could be any
55 objection to putting him back in the witness box for that
56 purpose.
57
58 MR. RAMPTON: My Lord, I would only say in relation to Professor
59 Keen and Professor Wheelock, one would wonder quite what
60 further questions they might be expected to answer.
