Day 032 - 06 Oct 94 - Page 04
1 MR. JUSTICE BELL: That is the problem, because someone who
2 might want to test your evidence by asking you questions
3 might well want to look at the tables to see if -----
4
5 THE WITNESS: If the text justifies the tables.
6
7 MR. JUSTICE BELL: If the text is justified, or if there is
8 some gloss which can be put on the text. Are you able to
9 say now whether that would involve looking at a large
10 number of tables or just half a dozen?
11
12 THE WITNESS: I would say more than half a dozen.
13 Unfortunately, a table tends to extend over several pages.
14
15 MR. MORRIS: It is actually a COMA Report, so we assume that
16 the text is, as it is authorised by the Department of
17 Health, is not going to be trying to pull a fast one in
18 the hope that you do not look at the tables.
19
20 MR. JUSTICE BELL: No, I do not think you are being accused of
21 that.
22
23 MR. JUSTICE BELL: Is this available at HMSO still? What is
24 the date again?
25
26 MR. MORRIS: I think it is 1989. We can certainly lend it to
27 the Plaintiffs.
28
29 MR. JUSTICE BELL: How many copies do we have in this court
30 now?
31
32 THE WITNESS: I have my office copy.
33
34 MR. MORRIS: And this one. We actually bought this ourselves
35 from HMSO. We just bought it about a week ago, so it is
36 available now. It is £16.
37
38 MS. STEEL: I do not think they are available over the
39 counter. I think you have to order them.
40
41 MR. JUSTICE BELL: You have to order them?
42
43 MS. STEEL: Yes, I think so.
44
45 MR. MORRIS: I do not know.
46
47 MR. RAMPTON: My Lord, it simply is not good enough for
48 Mr. Morris to say he is prepared to lend it to us on the
49 day when the witness comes into the witness box. That is
50 my problem. In the case of Professor Keen, the Defendants
51 were notified a week before the trial began that some of
52 his references were textbooks. They were then told the
53 books would be sitting in court from the beginning of the
54 trial, and so they were. That is the difficulty. It
55 creates mechanical problems.
56
57 MR. JUSTICE BELL: I quite agree, Mr. Rampton. If you had
58 another member of the bar on the other side, you can
59 imagine the attitude I would take towards it. If you had
60 someone on the other side who is in a position to pay the
