Day 016 - 22 Jul 94 - Page 77
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MR. JUSTICE BELL: How long will he take in chief?
2
MR. RAMPTON: I will not finish him in a morning. I am bound
3 to go into the afternoon.
4 MR. JUSTICE BELL: You have to start Mr. Gregory fairly
promptly because by hook or by crook you want to finish
5 him next week.
6 MR. RAMPTON: Either that or his evidence must stand as Civil
Evidence Act evidence, because he has not been subpoenaed
7 and he is going to live in New Zealand, unless he is
willing to come back. So I want to try and do him next
8 week. The defendants, not I, threaten he will be a long
witness too. We will just keep the balls in the air and
9 do the best we can, but I fear it is not going to be
possible to observe your Lordship's wish to keep witnesses
10 in time. I am afraid Professor Wheelock is going to be
split up; Dr. Arnott we will have to talk to to see what
11 he is doing on Tuesday.
12 MR. JUSTICE BELL: What is crossing my mind is that if a
witness has to be interrupted he should at least be
13 interrupted at a sensible stage in his evidence.
14 MR. RAMPTON: Yes.
15 MR. JUSTICE BELL: What is crossing my mind is if you want to
take advantage of Dr. Arnott's availability on Monday,
16 should we take him in chief and then stop there?
17 MR. RAMPTON: Yes. It would not be at all a bad idea because,
as your Lordship will know, if your Lordship has read his
18 report never mind his references, his evidence is very
destructive of the defendants' case on cancer,
19 particularly of the evidence of Dr. Barnard; it would not
do the defendants any harm to have time to digest it, send
20 it to Dr. Barnard and see how he deals with it; it would
give them that opportunity before they have to
21 cross-examine him.
22 MR. JUSTICE BELL: The advantage of stopping Dr. Arnott when he
has finished his evidence-in-chief is that you can go away
23 and consider it and prepare your cross-examination.
24 MR. MORRIS: Yes.
25 MR. JUSTICE BELL: What I would suggest is that we content
ourselves with Dr. Arnott in-chief on Monday and hope that
26 we finish him in-chief on Monday and then call it a day on
Monday; we go on to Mr. Gregory on Tuesday; that we come
27 back when Professor Wheelock has looked at his diary and
do our very best to complete him next week ---
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MR. RAMPTON: Yes.
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MR. JUSTICE BELL: -- so his evidence at least is finished and
30 not at a loose end. What you have seriously to consider
is whether it is realistic to call Professor Walker,
