Day 242 - 29 Apr 96 - Page 39
1 dealt with because he is an expert in cardiology as well as
2 diabetes.
3
4 MR. RAMPTON: My Lord, I am sorry in a sense to repeat myself.
5 I am not much concerned whether it is Professor Naismith or
6 anybody else. To be quite honest, if the Defendants are
7 going to be giving additional evidence arising out of your
8 Lordship's meaning, which is what your Lordship has just
9 been inviting them to do, then they must, with respect,
10 serve statements dealing with those issues which are not
11 dealt with in their original statements. They are, as it
12 were, new witnesses. That is the first point.
13
14 MR. JUSTICE BELL: I am assuming they are just going to call
15 witnesses to give the evidence, Miss Brophy and Dr. Brown,
16 which is forecast in their statements ---
17
18 MR. RAMPTON: In that case, I do not have a problem.
19
20 MR. JUSTICE BELL: -- what alarms me at the moment is two months
21 before the end of the trial introducing a whole lot of new
22 expert evidence.
23
24 MR. RAMPTON: My Lord, I mean, your Lordship said just now, we
25 could recall Dr. Arnott but he must not express an opinion
26 different from that which he expressed before he saw your
27 Lordship's meaning.
28
29 MR. JUSTICE BELL: I did not say that at all.
30
31 MR. RAMPTON: Then I misunderstood you.
32
33 MR. JUSTICE BELL: I am canvassing the recall of Dr. Arnott
34 because I am told -- in fact, anyone who reads the
35 newspapers knows -- that since the experts on nutrition
36 were called, there have been new articles ---
37
38 MR. RAMPTON: Yes.
39
40 MR. JUSTICE BELL: -- and new attitudes to diet as it may affect
41 degenerative diseases and anyone who is the least bit
42 interested in that knows that there have, but so far as
43 cancer is concerned, I do not see why Dr. Arnott should not
44 fill in the gap for you. It avoids the risk of having a
45 whole new expert having his six penneth as well only two
46 months before the end of the trial. I am very concerned
47 about heart disease.
48
49 MR. RAMPTON: I am too, for the reason that none of the evidence
50 that -- well, we did not call evidence on heart disease
51 because we took our admission to cover the issue as raised
52 by the defence of justification at that time which it
53 plainly did. I have no evidence on heart disease for that
54 very reason, but now the question is raised by the
55 Defendants: What is the extent of the risk? That is a
56 completely new topic, so far as the evidence on heart
57 disease is concerned.
58
59 MR. JUSTICE BELL: If I were to refuse leave to call Professor
60 Naismith in relation to cancer and the generalities which
