Day 107 - 24 Mar 95 - Page 20


     
     1        There are some things in there which, for instance,
     2        although I think they are probably not necessarily the ones
     3        that you are concerned with which really might be quite
     4        relevant to have some evidence on.  As an example, on page
     5        4 you might, for all I know, want to ask Mr. North whether
     6        it is right that E.coli 0157 was first recognised as a
     7        cause of human infection in 1982.
     8
     9   MR. MORRIS:  I think that has come up -----
    10
    11   MR. JUSTICE BELL:  And whether the organism was then
    12        increasingly perceived as an important public health
    13        problem in the United States and Canada, and whether in
    14        various outbreaks which they have had in North America the
    15        most commonly suspected vehicles of infection in these
    16        outbreaks were ground beef and unpasteurized milk, viz. the
    17        point which Ms. Steel has just sought to make about the
    18        origin of the prodominance of food poisoning matters.
    19
    20        The question is, do you want to do it now, in which case
    21        I will certainly give you time to go through it.  You can
    22        put a mark there in your highlight and say:  "We have to
    23        think about whether we want to seek leave to amend to add
    24        that", or do you want it to go over?
    25
    26        It will take time, but I would quite like you to take the
    27        former course and go through it.  I can see it gives me
    28        some foresight as to what you might wish to seek leave to
    29        amend in the future and you will have actually identified
    30        it yourself.
    31
    32   MR. MORRIS:  Yes.  Obviously, if our whole case was fully
    33        pleaded to the minor detail -- I presume that does not
    34        happen anyway, even in cases run by barristers and
    35        solicitors, but obviously it is very helpful -- but, to be
    36        honest, I do not know if it is necessary.  If I may say a
    37        point that has not been said, which is I cannot see -- we
    38        just want to get on with the case and be able to look at
    39        documents without being prevented from doing so.
    40
    41        There is no jury in this case so there cannot be prejudiced
    42        by seeing such a document.  It has already been debated by
    43        witnesses, whole sections have been read out, and you have
    44        just read another point out, so you have read the document
    45        so you cannot be prejudiced.
    46
    47   MR. JUSTICE BELL:  You may be right or wrong about that, but an
    48        objection has been taken against taking that course.  In my
    49        view, it is an objection which is soundly founded.  I have
    50        given you the opportunity to achieve exactly the same 
    51        result so far as the witness is concerned by following the 
    52        course which I have suggested which, if my recollection is 
    53        right, is the course I suggested with a previous witness
    54        and which you then had no real difficulty, with a bit of
    55        help from me, in actually following.  Did we not do it with
    56        another witness?
    57
    58   MR. MORRIS:  What, to have the report in front and just
    59        say -----
    60

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