Day 242 - 29 Apr 96 - Page 47


     
     1        witnesses for their opinion on what he said.  I do not
     2        suppose that we will be wanting to recall Dr. Barnard but
     3        we might want to serve a Civil Evidence Act statement or
     4        something like that.  Certainly we would want to ask
     5        Professor Crawford and Jane Brophy about what he said.
     6
     7   MR. JUSTICE BELL:  You are going to call Jane Brophy.  Professor
     8        Crawford, you may think, is your most important witness
     9        because his disciplines, biochemistry and nutrition, are
    10        the same as Professor Naismith, his specialities.
    11
    12   MS. STEEL:   Right.  In relation to Professor Naismith,
    13        I totally agree with what Dave has said.  Having looked
    14        through his statement, although I have not read it as
    15        thoroughly as I obviously need to, it does appear to me
    16        that a lot of it is going over old ground, and is not at
    17        all dealing with what it purports to be dealing with which
    18        is the extent of risk.
    19
    20        But, in any event, it is still my belief that the
    21        Plaintiffs, because of the admission they made, should not
    22        be allowed to call any evidence in relation to heart
    23        disease to contradict their previous admission.  I do not
    24        know if there is anything else I want to say about
    25        Professor Naismith or not.
    26
    27   MR. MORRIS:  I am not sure if he is a professor.
    28
    29   MR. RAMPTON:  Of course he is a professor.  He is now an
    30        American professor
    31
    32   MR. JUSTICE BELL:  I think they are probably both professors.
    33        They held formal chairs and have been so well thought of
    34        that when they have retired they have been allowed to keep
    35        the title of professor.
    36
    37   MS. STEEL:  I am just checking if there is anything else
    38        I wanted to add.  (Pause) I think that is all I have to
    39        say.
    40
    41   MR. JUSTICE BELL:  Thank you.  Is there anything else you want
    42        to say?
    43
    44   MR. RAMPTON:  Three short things and I am probably going to
    45        repeat myself.  First of all, the Plaintiff's pleaded
    46        meaning, whether the original one or the one your Lordship
    47        gave leave for, is now totally irrelevant.  It has been
    48        superseded by your Lordship's meaning.  The admission
    49        stands, of course, for what it is worth.  If your Lordship
    50        thought it covered all the ground foreshadowed or raised by 
    51        your Lordship's meaning, so much the better.  If it does 
    52        not, however, then both parties are in the position that 
    53        there is a residue of the case, how far is a matter for
    54        your Lordship going beyond the admission which remains to
    55        be decided by evidence, or, if this be your Lordship's
    56        view, in fact, left to be decided by the evidence already
    57        called by the Plaintiffs and foreshadowed by the Defendants
    58        in their witness statements.
    59
    60        If, however (and this is the third short point) your

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