Day 002 - 29 Jun 94 - Page 56
1 to happen or what may happen. Do you understand?
2 MISS STEEL: Right. I think the position is we want to call
virtually all of the witnesses whom we have served Civil
3 Evidence Act notices with their statements. But, as
I say, it does depend on getting the money to fly them
4 over here. That is obviously quite a considerable sum.
5 MR. JUSTICE BELL: When do you think you are likely to know?
Looking, for instance, at the topics which are likely to
6 crop up first?
7 MISS STEEL: I think we do want to call Mr. Brian Lipsett to
give evidence on packaging which is one of the first
8 topics. We do want to call the former Assistant Attorney
General of Texas to give evidence on ---
9
MR. JUSTICE BELL: Advertising.
10
MISS STEEL: -- the advertising campaign. We also want to call
11 Mr. Barnard to give evidence about the links between diet
and ill health.
12
MR. RAMPTON: My Lord, I cannot obviously govern the way in
13 which the defendants conduct their case, particularly with
experts, but unless I get reasonable notice of the
14 attendance of these witnesses, then I am not going to be
able to cross-examine them and it will mean either that
15 their journey is wasted or there will have to be an
adjournment or both.
16
MISS STEEL: Mr. Rampton should then assume that they will be
17 called. If they are not, then that is because of our lack
of finances and there is not much we can do about that.
18 I mean, we are relying on donations, so ultimately it is
dependent on how much we get sent by members of the
19 public.
20 MR. RAMPTON: No, my Lord. I am not content with that. There
is a lot to do in a case like this. I am not willing to
21 spend hours and hours preparing to cross-examine a witness
who may well not turn up.
22
MR. JUSTICE BELL: Can we just take recycling and waste?
23 I will not include advertising at the moment because the
advertising interlude really so that you can call two
24 witnesses at a time when they are available. Nutrition.
25 MR. RAMPTON: If Dr. Neil Barnard of the Society of Doctors in
America were to attend -- it is one of the early issues --
26 his evidence is perhaps, so far as the defendants are
concerned, if your Lordship were to accept it, as
27 important as anything in the case. I am simply not
willing, unless I have to, to be told: "Oh, well, we will
28 tell you a day or two in advance or the night before
whether he is coming or not." In the case of Eva Marie
29 Sasche, I have been told by your Lordship that your
Lordship may not allow her evidence to be given unless
30 I tell the defendants something like 21 days in advance of
her being called; it might have been 14, I cannot remember
