Day 200 - 12 Dec 95 - Page 22


     
     1        those two.
     2
     3   MR. RAMPTON:  I cannot think of any because Dr. Arnott has given
     4        his evidence and it was, I think, almost exclusive -- I
     5        did not re-read it last night, but my recollection is from
     6        the time when we did the argument on the amendment to the
     7        Statement of Claim that his evidence is almost wholly
     8        confined to the question of causation which is natural
     9        since he is a cancer specialist.
    10
    11        Professor Wheelock has already given his evidence about the
    12        relationship between diet -- again I stress the word "diet"
    13         -- health and McDonald's food.  Dr. Barnard's evidence,
    14        which has been and gone, was confined almost exclusively to
    15        the question of causation.  Mr. Geoffrey Cannon who was --
    16        I forget the words one uses for such a person, not a
    17        scientist, but was, perhaps I can call it this, a collector
    18        of information, I do not believe that he would improve the
    19        evidence by being recalled.
    20
    21        Beyond that, I cannot think that there are any scientists
    22        on either side who need to be recalled apart from Professor
    23        Crawford.  If the Defendants think now, in the light of
    24        your Lordship's meaning, that they ought to go and find
    25        some fresh person, I do not know whether I would object to
    26        that or not; I suspect not.  I suspect even if I did, your
    27        Lordship would not listen to me.
    28
    29   MR. JUSTICE BELL:  I do not know about that.  If there was any
    30        question of a fresh witness, a new witness altogether,
    31        I would expect a statement or a report from that person to
    32        be served on the other side, whoever was calling that
    33        person, and then I would really apply my mind to whether it
    34        was right to allow a new witness to enter the arena.
    35
    36        I am speaking aloud so the Defendants can hear me because
    37        what I really propose to do is let them have an opportunity
    38        to say anything they want now about before 1 o'clock, but
    39        otherwise return to it on Friday.  The other two possible
    40        candidates I have in mind to be recalled were Dr. Arnott
    41        and Professor Wheelock.  The Defendants have heard me say
    42        that, but they may have more to say about other witnesses.
    43        I do not know.
    44
    45   MR. RAMPTON:  My Lord, all that I could do so far as -- as
    46        I say, I do not myself see how Dr. Arnott could give more
    47        evidence than he already has since he is not a dietician.
    48        His expertise lies in the aetiology of cancer and he has
    49        given that evidence.  Professor Wheelock's contribution
    50        might be this, I suppose, that he could look at your 
    51        Lordship's meaning and express a view about the proposition 
    52        which your Lordship says is conveyed by the leaflet. 
    53
    54   MR. JUSTICE BELL:  I am certainly not going to ask anyone to be
    55        recalled so that I can ask them a question.  So it seems to
    56        me you have to decide whether you want to recall either
    57        Dr. Arnott or Professor Wheelock, and the Defendants have
    58        to decide who they would like, if anyone, to recall of
    59        their witnesses and who they would like to cross-examine
    60        further of yours.

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