Day 038 - 19 Oct 94 - Page 60


     
     1        all means you draw my attention in the future to anything
     2        Professor Walker -- Mr. Morris, as an example, has already
     3        done that.  Dr. Millstone having mentioned two or three
     4        kinds of adverse reactions, he has, in effect, pointed out
     5        that Professor Walker referred to others.
     6
     7   MR. MORRIS:  As far as I remember, Professor Walker did not
     8        refer to a single reference.  When he, say, brought up a
     9        figure, he made no reference to that in any document.  All
    10        his views were not backed up or, presumably, they were in
    11        his references that were not referred to, but I believe
    12        that if you have an expert and if there is a large amount
    13        of agreement, it would certainly save time in terms of
    14        having to go through all the references to back up every
    15        point made, especially if there is a lot of agreement
    16        there.  If Mr. Rampton said it may not be their case what
    17        Professor Walker said, but they are not bringing any other
    18        evidence on additives so far as I know, so -----
    19
    20   MR. JUSTICE BELL:  No, but on this aspect you have made the
    21        allegation and it will, no doubt, be argued that it is for
    22        you to press it home to establish the justification.  What
    23        I suggest is you carry on as you have been doing.  We will
    24        put it over until the morning now.  Can you come tomorrow?
    25
    26   THE WITNESS:  I have established today that I can come tomorrow,
    27        but I will not know until tomorrow morning whether I can
    28        come on Friday.
    29
    30   MR. JUSTICE BELL:  We have to take it day by day.  Do your best
    31        to make an arrangement for Friday.  Go away and think about
    32        this afternoon.  Ask the questions you were minded to ask.
    33        I am obviously interested -- that is quite clear to you --
    34        in the frequency with which adverse reactions occur to any
    35        of these additives, if there is any reliable evidence as to
    36        that.
    37
    38        I am not going to stop Dr. Millstone saying he thinks he
    39        has read somewhere that the incidence is one in a 100 or
    40        whatever.  After he has left the witness box, having been
    41        cross-examined by Mr. Rampton, you had better have a word
    42        with him and ask him if he really thinks he can produce
    43        papers which support the figures for incidence.  He should
    44        write something for you with those references.
    45
    46   THE WITNESS:  Excuse me.  I am under the impression that when
    47        I first received a statement prepared by Professor Walker
    48        and was invited by Mr. Morris and Ms. Steel to comment on
    49        it, my comments did include a criticism of Professor
    50        Walker's estimate of the frequency, but that may be a 
    51        document which has not been incorporated into the written 
    52        evidence. 
    53
    54   MR. JUSTICE BELL:  I do not recall seeing it.
    55
    56   MR. MORRIS:  It helped us to prepare questions.
    57
    58   THE WITNESS:  I think it is in that document that have the
    59        references to the key papers, which leads me to believe
    60        that is something I can readily retrieve.

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