Day 016 - 22 Jul 94 - Page 40


     
     1        to finish this afternoon.
 
     2   MR. JUSTICE BELL:  You ought to be able to, ought you not?
 
     3   MS. STEEL:  We hope so, but we do not really feel we can
              guarantee it.
     4
         MR. JUSTICE BELL:  What are your topics?
     5
         MS. STEEL:  There is quite a bit we have not been through so
     6        far, dietary recommendations and things like that.
 
     7   MR. JUSTICE BELL:  What is Professor Wheelock's position on
              Monday?
     8
         MR. RAMPTON:  His position is somewhat clouded by the position
     9        of Dr. Barnard, that is the trouble, and by the stacking
              up which then takes places of Dr. Gregory.
    10
         MR. JUSTICE BELL:  As it happens more often, I get more
    11        reluctant about breaking into a witness's evidence.
 
    12   MR. RAMPTON:  I agree.  What is worrying me about Dr. Arnott is
              that he is a practising oncological surgeon, whose
    13        patients' well being might be considered perhaps more
              important than some of the issues in this case at least.
    14        I am not very willing to dislodge him.  I would urge the
              defendants, if at all possible, to leave E numbers, stuff
    15        like that, for Professor Walker, who is coming next week,
              and concentrate on Professor Wheelock's contentious
    16        expertise.
 
    17   MR. JUSTICE BELL:  What is Dr. Arnott's position as far as
              availability is concerned?
    18
         MR. RAMPTON:  He has to work around his lists, but he managed
    19        to do it for Monday.
 
    20   MR. JUSTICE BELL:  Any expert witness appreciates that he may
              have difficulty; the moment he puts pen to paper he knows
    21        he may have a problem.
 
    22   MR. RAMPTON:  Yes.  We have had problems with all of them so
              far, not in any personal problem but in point of schedule.
    23        It obviously would be beneficial to everybody, most
              particularly Dr. Arnott and his patients, if we could
    24        complete Professor Wheelock this afternoon, even if it
              meant sitting a little longer.
    25
         MR. JUSTICE BELL:  Let us see how we go.  If we can finish 
    26        Professor Wheelock this afternoon, it would obviously 
              help, but you will have as much time as you need.  Do not 
    27        think you have to go through things for the sake of going
              through them.  You are perfectly entitled to be selective
    28        about the points where you really do hope to make some
              ground and to concentrate on them.  Do you understand?
    29
              It has been made clear that you will not be criticised for
    30        not challenging everything you dispute or even the greater
              part of it; where it is important you should put something

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