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
