Day 039 - 20 Oct 94 - Page 55


     
     1        come to a medical expert it may be a different situation.
     2        I have, I have to say, Mr. Rampton, a slight anxiety about
     3        where we go with regard to Professor Crawford in so far as
     4        there may be loose ends.  But I find it very difficult to
     5        set out any general principle in vacuo as to what or what
     6        must not be challenged or put or explored.
     7
     8   MR. RAMPTON:  I have taken the line which your Lordship has
     9        indicated so far as I can in this case, that where a
    10        witness has said something with which I do not necessarily
    11        agree, but where cross-examination would simply be a
    12        question of parading through the witness before your
    13        Lordship those learned papers or other matters of evidence
    14        which I say demonstrate with the witness may be wrong; I do
    15        not see any point with judge alone in going through that
    16        exercise. It takes an awful long time, as it did with
    17        Dr. Barnard.  I did it with him.  I did not want to do it
    18        again with Professor Crawford, but I am quite happy to do.
    19
    20   MR. JUSTICE BELL:  I tell you what my anxiety about that is.  If
    21        you did do that, and I appreciate the effort to save time,
    22        I am sure everyone does because no-one who is taking an
    23        active part in this court -- I include the Defendants --
    24        really wants the case to last any longer than it has to
    25        do.  But it might be said, and they might say especially
    26        since they are appearing in person:  "Well, Mr. Rampton
    27        says that to you now looking at this paper, but we do not
    28        know what answer Professor Crawford might have come up
    29        with.  We do not have Professor Crawford's expertise and
    30        experience, so we cannot see what he might have said".
    31
    32        I do not think I can usefully say more at the moment.  If
    33        you do not mind, I think a bit more thought ought to be
    34        given to the circumstances.  I appreciate you are not
    35        amicus. You have two clients which you must represent,
    36        although you have a duty to the court, that does not go as
    37        far as being amicus against what may or may not be in your
    38        own clients' interests.  That I am quite clear about.
    39
    40        What I am anxious about is if something is left to the end
    41        of the day to put in argument, and then Mr. Morris or
    42        Ms. Steel might stand up and say:  "That all sounds very
    43        good, but Professor Crawford might have had an answer to
    44        that".  I am repeating myself.
    45
    46   MR. RAMPTON:  We have all heard what your Lordship has said.
    47
    48   MR. JUSTICE BELL:  Press on with Dr. Millstone.  If it is
    49        helpful in any way we may have time to come back to this,
    50        if necessary, tomorrow afternoon. 
    51 
    52   MR. MORRIS:  We have referred the court to that letter.  I do 
    53        not think we need to go into it in detail.  Some of the
    54        main points have been expressed from Dr. Adrian Samuels.
    55        Is there anything else you would like to say about MSG?
    56        A.  No, I do not believe there is.
    57
    58   Q.   Potassium Bromate is the next point.  Can you put your case
    59        about Potassium Bromate?
    60

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