Day 052 - 21 Nov 94 - Page 39
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2 MR. JUSTICE BELL: Is it wrong to say that, really, the real
3 point of Dr. Arnott's evidence-in-chief was to deal with
4 the possible causes of certain kinds of cancer?
5
6 MR. RAMPTON: No, that is absolutely right.
7
8 MR. JUSTICE BELL: And of Professor Keen's evidence-in-chief,
9 the possible causes of NIDDN.
10
11 MR. RAMPTON: That is absolutely right. That is exactly the
12 reasons they were called because, as we saw it and as the
13 Defendants must by now have seen it, the issue was whether,
14 leaving aside the question of whether an actual meal caused
15 or contributed to cancer or heart disease, there was any
16 sensible evidence that diet is a cause of these two and
17 other cancers.
18
19 The whole of Dr. Arnott's evidence, a large part, perhaps
20 the whole of Keen's evidence and some considerable part of
21 Dr. Wheelock's evidence, was directed to that question.
22 That would not be, perhaps, as important as it is, in my
23 submission, if it were not for the fact that the whole --
24 I use that word broadly because there may be a nit to be
25 picked here or there -- of the cross-examination of those
26 witnesses was directed to the same question.
27
28 It may be best -- I do not know when your Lordship is going
29 to give judgment -- to save time if what I do is, with the
30 help of Mr. Atkinson, simply give in due course your
31 Lordship a list of the references in the evidence of those
32 witnesses, both in-chief and in cross-examination, which
33 bears out what I said and what had been your Lordship's
34 impression. Of course, if I gave it your Lordship, I would
35 give it to the Defendants as well, of course I would.
36
37 MR. JUSTICE BELL: I think that would be probably be helpful.
38 Your transcripts are at home, are they?
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40 MR. RAMPTON: That is one reason I said what I did.
41
42 MR. MORRIS: We have these at home, yes.
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44 MR. JUSTICE BELL: If sometime this afternoon you can give me a
45 list and Ms. Steel and Mr. Morris a list of the references,
46 then in due course I will read them through.
47
48 MR. RAMPTON: May I make this observation -- I do not want to
49 spend a lot of time going through the transcripts now; it
50 is obviously not fair partly for the reason or mostly for
51 the reason the Defendants have not actually brought their
52 transcripts to court -- can I just read quickly from the
53 beginning of Dr. Arnott's cross-examination which began on
54 13th September?
55
56 MR. JUSTICE BELL: Can you remind me when -- I think the letter
57 from Mrs. Brinley-Codd enclosing the draft -- I have a copy
58 of a letter to Ms. Steel dated 29th September 1994
59 enclosing the proposed amendment.
60
