Day 070 - 20 Dec 94 - Page 57


     
     1        to what Mr. Rampton said about nutrition.  As yet, we still
     2        have not got legal advice about the judgment.  When we have
     3        had legal advice, we do not want to consider our position
     4        until then, but even when we have considered that, there
     5        will be quite a lot of transcripts and things like that to
     6        go through before we make a decision on things like
     7        recalling witnesses and things like that.
     8
     9        We would ask that the nutrition issue, seeing as it has
    10        been left for some time now, gets left until we have had a
    11        decent amount of time to sort things out and think things
    12        through, exactly what we want to do.
    13
    14   MR. RAMPTON:  I am not going to say anything about that, except
    15        that my conception of what is a reasonable length of time
    16        may not accord with the Defendants'.  There are three weeks
    17        holiday.  I know it is a holiday for everybody in the
    18        country, which means that legal advisers and nutritional
    19        experts may not be as readily accessible as they normally
    20        would be.  That said, it would be helpful if we could have
    21        an indication, not in relation to those witnesses, it is
    22        probably only two, that is to say Professor Crawford and
    23        Mr. Cannon, that the Defendants might wish to recall -----
    24
    25   MR. JUSTICE BELL:  Professor Crawford is not a problem because
    26        he is coming back anyway.
    27
    28   MR. RAMPTON:  Mr. Cannon, I foresaw further cross-examination,
    29        but if the Defendants want to recall him, so be it.  The
    30        only floater, if I can call her that, is Jane Brophie, who
    31        floated off some time earlier in the case and has not come
    32        back into view.  I am wondering what has happened to her
    33        and whether we are going to hear from her at all.
    34
    35   MS. STEEL:  Mr. Rampton tries to paint this picture that it is
    36        all very mysterious and it looks like our witnesses are
    37        pulling out or something like that.  The reality is that we
    38        did not call her because the timetable was too crammed.
    39        Then the Plaintiffs made their application to change their
    40        case and it was apparent that there was little point in
    41        calling her until after that had been decided.
    42
    43   MR. JUSTICE BELL:  I am not drawing any adverse conclusions from
    44        whether anyone gives evidence or not.  I will decide the
    45        case on what evidence I have heard by the end of it.
    46
    47   MS. STEEL:  Yes.  There is also whether or not we want to recall
    48        Dr. Arnott and Professor Wheelock.
    49
    50   MR. JUSTICE BELL:  Yes. 
    51 
    52   MS. STEEL:  Obviously, if witnesses are going to be -- there is 
    53        still further evidence to come on nutrition.  It actually
    54        makes sense if it all comes at the same time.  So, I think
    55        it is best if it is left until we have had time to consider
    56        the position fully and make sufficient preparations.
    57
    58   MR. JUSTICE BELL:  With or without help from outside, I think
    59        you should turn your minds to that as soon as possible.
    60        I agree that, in so far as it is possible, it would be

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