Day 016 - 22 Jul 94 - Page 77


     
     1
         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 ---
    28
         MR. RAMPTON:  Yes.
    29
         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,

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