Day 087 - 10 Feb 95 - Page 24
1 who I am sure they would have categorised most of them as
2 experts, not independent experts or impartial; but, for
3 example, to Mr. Walker, and under Mr. Rampton's definition
4 just now we should have been able to put the Preston
5 report, which he had not seen, and say, "This is the view
6 of whoever; these are experts charged with this
7 responsibility, carrying out their duty". Now having read
8 that, is it something you should have seen -----
9
10 MR. JUSTICE BELL: You would put it in the way I suggested. You
11 would say, "If it were the view of an experienced
12 environmental health officer that", and then you ask your
13 question. The point is otherwise you are merely trying to
14 read out as if it were evidence, you got back to the bit in
15 Phipson we had before of an inadmissible document. The
16 fact is it is not difficult. When you actually came to do
17 it yesterday afternoon, with, I hope, a bit of assistance
18 from myself, you managed to put all that there was of
19 relevance to be put to the witness in question.
20
21 MR. MORRIS: But, the thing is, say the Preston report; this is
22 an official report. It is the view of the person that made
23 the report.
24
25 MR. JUSTICE BELL: You have already brought in "official report"
26 again as if that gives it any different status.
27
28 MR. MORRIS: It is a report by ----
29
30 MS. STEEL: It does make a difference though, does it not,
31 because it is the same as a document published in the
32 Scientific Journal in effect?
33
34 MR. JUSTICE BELL: But the document published in the Scientific
35 Journal, if exception were taken to it, might well fall
36 foul of the same problems. It is just that Mr. Rampton has
37 not taken objection to that.
38
39 MS. STEEL: Yes, but Mr. Rampton has been using that technique
40 himself. When he was cross-examining Ms. Dibb he did put
41 big chunks to her and he did say things like, "Mr. Brian
42 Young has changed his mind, has he not; look at this
43 report?" He said all kinds of things like that. What I do
44 not understand is if you are allowed to do that with
45 experts, why can you not do it with witnesses of fact?
46
47 MR. JUSTICE BELL: He did that because, as I understand it, you
48 all agreed that, certainly so far as nutrition is concerned
49 and as far as advertising is concerned, you should be able
50 to put expert reports to expert witnesses.
51
52 MS. STEEL: I do not know about agreed. We do not know what
53 the rules are.
54
55 MR. JUSTICE BELL: That was the practice which was adopted.
56
57 MS. STEEL: That was just because -- I do not want to make
58 things complicated.
59
60 MR. JUSTICE BELL: I do not want to start arguing with you. It
