Day 002 - 30 Jun 94 - Page 56


     
     1        to happen or what may happen.  Do you understand?
 
     2   MISS STEEL:  Right.  I think the position is we want to call
              virtually all of the witnesses whom we have served Civil
     3        Evidence Act notices with their statements.  But, as
              I say, it does depend on getting the money to fly them
     4        over here.  That is obviously quite a considerable sum.
 
     5   MR. JUSTICE BELL:  When do you think you are likely to know?
              Looking, for instance, at the topics which are likely to
     6        crop up first?
 
     7   MISS STEEL:  I think we do want to call Mr. Brian Lipsett to
              give evidence on packaging which is one of the first
     8        topics.  We do want to call the former Assistant Attorney
              General of Texas to give evidence on ---
     9
         MR. JUSTICE BELL:  Advertising.
    10
         MISS STEEL:  -- the advertising campaign.  We also want to call
    11        Mr. Barnard to give evidence about the links between diet
              and ill health.
    12
         MR. RAMPTON:  My Lord, I cannot obviously govern the way in
    13        which the defendants conduct their case, particularly with
              experts, but unless I get reasonable notice of the
    14        attendance of these witnesses, then I am not going to be
              able to cross-examine them and it will mean either that
    15        their journey is wasted or there will have to be an
              adjournment or both.
    16
         MISS STEEL:  Mr. Rampton should then assume that they will be
    17        called.  If they are not, then that is because of our lack
              of finances and there is not much we can do about that.
    18        I mean, we are relying on donations, so ultimately it is
              dependent on how much we get sent by members of the
    19        public.
 
    20   MR. RAMPTON:  No, my Lord.  I am not content with that.  There
              is a lot to do in a case like this. I am not willing to
    21        spend hours and hours preparing to cross-examine a witness
              who may well not turn up.
    22
         MR. JUSTICE BELL:  Can we just take recycling and waste?
    23        I will not include advertising at the moment because the
              advertising interlude really so that you can call two
    24        witnesses at a time when they are available.  Nutrition.
 
    25   MR. RAMPTON:  If Dr. Neil Barnard of the Society of Doctors in
              America were to attend -- it is one of the early issues -- 
    26        his evidence is perhaps, so far as the defendants are 
              concerned, if your Lordship were to accept it, as 
    27        important as anything in the case.  I am simply not
              willing, unless I have to, to be told:  "Oh, well, we will
    28        tell you a day or two in advance or the night before
              whether he is coming or not."  In the case of Eva Marie
    29        Sasche, I have been told by your Lordship that your
              Lordship may not allow her evidence to be given unless
    30        I tell the defendants something like 21 days in advance of
              her being called; it might have been 14, I cannot remember

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