Day 057 - 29 Nov 94 - Page 13


     
     1        me, whether in-chief of my witnesses or in
     2        cross-examination of the Defendants' witnesses, that was
     3        not concerned with the question of causation.
     4
     5   MR. JUSTICE BELL:  Having said that, presumably, if the
     6        Defendants said, if leave to amend were granted, that they
     7        would wish to ask questions of Professor Wheelock,
     8        Dr. Arnott and Professor Keen, you would not stand in their
     9        way?
    10
    11   MR. RAMPTON:  No, I would not but I would say that -----
    12
    13   MR. JUSTICE BELL:  Even if it might not be necessary, even if
    14        reading them all again one said it is difficult to
    15        understand what they could further ask, and even if you
    16        would say:  "Well, if they were not recalled, they would
    17        suffer no injustice", then with what I think it is fair to
    18        describe as a late amendment, if leave was granted, it
    19        would not be right to prevent them from asking further
    20        questions, if they wished.
    21
    22   MR. RAMPTON:  No, I absolutely accept -- I think I have already
    23        accepted that when I opened this application.  I do accept
    24        that.  They have the advantage that somebody who is or
    25        appears to be a real expert -- I would use that word to
    26        distinguish him from Dr. Barnard whom, your Lordship will
    27        not be surprised to find, I do not seriously regard as an
    28        expert in this field at all -- Professor Crawford is coming
    29        back to court.
    30
    31   MR. JUSTICE BELL:  Professor Crawford is coming back.  In any
    32        event, if leave is given for the amendment, and if the
    33        Defendants, or either of them, said:  "In the light of
    34        that", or just for any other reason, "we would like to ask
    35        Professor Crawford further questions before Mr. Rampton
    36        resumes his cross-examination", I myself cannot see that
    37        there could be any possible objection to that.
    38
    39   MR. RAMPTON:  I would not make one.
    40
    41   MR. JUSTICE BELL:  If they wanted to recall Mr. Cannon, I cannot
    42        see that there would be any objection to that.  I
    43        personally, although I heard what Ms. Steel said about
    44        Dr. Barnard, think he went the whole hog anyway, both on
    45        cancer and heart disease, and he gave answers, it is quite
    46        true, which you will say show him resiling to some extent.
    47        But they were quite clear cut answers and support given to
    48        the point saying, "It is generally accepted in America
    49        that" and so on and dealing with cause.  So, I cannot see
    50        any difficulty there. 
    51 
    52        If the Defendants felt that they wanted to ask any of your 
    53        nutrition witnesses further questions, I cannot really see
    54         -- you have indicated as much -- there could be any
    55        objection to putting him back in the witness box for that
    56        purpose.
    57
    58   MR. RAMPTON:  My Lord, I would only say in relation to Professor
    59        Keen and Professor Wheelock, one would wonder quite what
    60        further questions they might be expected to answer.

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