Day 266 - 20 Jun 96 - Page 16


     
     1        more of the average diets.  To counter these forces
     2        Governments will need to invest substantial resources with
     3        in health education."
     4
     5             Can you just comment on that?  Are substantial
     6        recourses invested in health education?
     7
     8   MR. JUSTICE BELL:  What are you asking?  Why are you introducing
     9        this?
    10
    11   MR. MORRIS:   Because our case is McDonald's are spending a
    12        fortune promoting their food.
    13
    14   MR. JUSTICE BELL:  So what?  I mean, so what in relation to Miss
    15        Brophy's evidence?
    16
    17   MR. MORRIS:  To see what kind of resources she feels she has and
    18        whether that can compare with the food industry's
    19        resources.
    20
    21   MR. JUSTICE BELL:  Well, do I not need evidence about that from
    22        Miss Brophy?  I do not suppose she has any particular
    23        resources at all?
    24        A.   Do you want me to comment on that?
    25
    26   Q.   There is no indication of this line at all in Miss Brophy's
    27        statements.  It is not any criticism of you.  We have a
    28        system whereby you are supposed to give notice of what is
    29        going to be covered in a witness's statement?
    30        A.   Yes.
    31
    32   Q.   A little bit of development and explanation is clearly
    33        right but what I do not want is suddenly a paragraph in a
    34        completely different article on another which refers to
    35        another topic catching your eye and floating that under the
    36        witness's nose.  It is not on.
    37
    38   MR. MORRIS:  Well, it is hardly a new issue.
    39
    40   MR. JUSTICE BELL:  No, of course it is not.  We have had quite a
    41        lot of evidence on it already.  What I am objecting to is
    42        just taking the opportunity to introduce it again without
    43        any notice by a witness who does not deal with that in her
    44        statement.
    45
    46   MR. MORRIS:  Well, I would have thought that -- may be it is not
    47        appropriate for me to ask, but I would have thought the
    48        court would be interested, as this person is the only
    49        person who is a health professional--
    50
    51   MR. JUSTICE BELL:  No, I am not having that.  If that was the
    52        attitude to the evidence, every time somebody came in the 
    53        witness box who could possibly give some evidence quite
    54        beyond their statement on some matter which might be
    55        relevant we would have 100 questions on different topics
    56        like that, and it is just not on.
    57
    58   MS. STEEL:  Can I just ask something about the bit about basic
    59        cooking skills and the decline as processed cooked foods
    60        make up more of the diet?  Does though coincide with your

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