Day 297 - 08 Nov 96 - Page 15


     
     1        make-up.  I think they are the only ones who are at risk.
     2        Let us suppose you are right about saturated fat and
     3        cardiovascular -- I will keep off cardiovascular disease
     4        for the moment -- and cancer, you could eat, unless you
     5        have a genetic mutation, as much fat as you like and never
     6        get cancer.  But -----
     7
     8   MR. MORRIS:   I doubt if that was the evidence that we heard in
     9        the case.
    10
    11   MR. JUSTICE BELL:   I don't know.  I would be interested to hear
    12        what you say about that.  There may be a slightly different
    13        situation with cardiovascular disease, because no one
    14        particularly mentioned genetics in relation to that.  And
    15        -----
    16
    17   MR. RAMPTON:   My Lord, I think Professor Nesbitt did.
    18
    19   MR JUSTICE BELL:  Did he?
    20
    21   MR. RAMPTON:   Yes.
    22
    23   MR JUSTICE BELL:  Remind me of that in due course.
    24
    25   MR. RAMPTON:   Yes, I will.
    26
    27   MR JUSTICE BELL:  When I say genetic mutation, the necessary
    28        genetic make-up.  At the moment, you can persuade me
    29        otherwise, if you like, but I think you have to have the
    30        necessary genetic make-up to develop a particular disease,
    31        whatever the environment, hence my comment about the
    32        smoker.  Now, it may well be that a significant proportion
    33        of the population do have it, unless they did you would not
    34        have the figures for breast cancer and colon cancer which
    35        one actually has in western civilizations.  But I am
    36        disagreeing with Mr. Morris that even without the right
    37        genetic make up you well might get it anyway.
    38
    39   MS. STEEL:   There has not been any evidence that the right
    40        genetic make-up to protect you exists in any kind of
    41        substantial numbers.
    42
    43   MR JUSTICE BELL:  I have said it as much for Mr. Rampton's ears
    44        as yours, because I was putting it forward as a reason for
    45        not saying, and probably did not mean it as such, that Dr.
    46        Arnott's statement about these cancers being caused at the
    47        level of the gene -- he used the 'level of the gene',
    48        wouldn't have got the other words right -- is the end of
    49        the matter, against you.  I cannot possibly be.
    50
    51   MR. RAMPTON:   I agree with that.
    52
    53   MR JUSTICE BELL:  That is the only context in which I am saying
    54        this.
    55
    56   MR. MORRIS:   I would argue it is in our favour that it is an
    57        additional risk on top of the general risk, because I don't
    58        think any of the witnesses said there would be no chance of
    59        getting cancer unless you had the mutated gene propensity.
    60        But we will have to see.

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