Day 254 - 22 May 96 - Page 17


     
     1        at tab 7 and tab 8 to Professor Naismith, or were, although
     2        he did not refer to them, and any matters which you think
     3        you can gain from Dr. Arnott now you know what the leaflet
     4        means so far as this trial is concerned.  That is if you
     5        want to ask him about degrees of risk or anything of that
     6        matter, just as an example.
     7
     8   MR. MORRIS:  Our understanding was his only admissible evidence
     9        or the purpose of bringing him was that there had been new
    10        developments in the last 2 years and on those grounds he
    11        was allowed to be recalled.
    12
    13   MR. JUSTICE BELL:  Yes, but that does not mean to say that is
    14        all you need ask him or all you are entitled to ask him
    15        about.  At the moment we do seem to have gone back to old
    16        ground.
    17
    18   MR. MORRIS:  That is partly because his statement ----
    19
    20   MR. JUSTICE BELL:  I have to say -- I am not going to stop you
    21        if you want to ask about matters which he dealt with last
    22        time, and this is not a criticism of Ms. Steel, but we have
    23        gone back to those matters because of the questions he has
    24        been asked in cross-examination.
    25
    26   MS. STEEL:  Which is because of his answers.
    27
    28   MR. JUSTICE BELL:  Please listen: If a witness is asked
    29        questions, he has to answer them and if he can only answer
    30        them by reference to what he said previously, he will cover
    31        old ground.
    32
    33        The main purpose of Dr. Arnott coming back is updating
    34        matters since 1994, but I also said that you would be
    35        entitled to have him recalled, if you want, in order to ask
    36        him any further questions you wanted in the light of my
    37        definition of what the leaflet means so far as "nutrition"
    38        is concerned.  So, I am suggesting to you that you can deal
    39        with that area as well as the updating.
    40
    41   MS. STEEL:  Can I just explain this business about the use of
    42        the word "so", because it is very difficult to change the
    43        way that you ask questions and when I say "so", it does not
    44        mean that I think it follows from what the witness has
    45        said; it means I am asking a question as to whether that is
    46        what he means by what he has just said.
    47
    48   MR. JUSTICE BELL: I would like you to try and avoid it, because
    49        for anyone reading your question, they would think that it
    50        logically follows on what has come before. 
    51 
    52   MS. STEEL:  But the witness is there to say "no" if he 
    53        disagrees.
    54
    55   MR. JUSTICE BELL:  Yes, but we need not have the
    56        misunderstanding in the first place.  Do your best just to
    57        ask the question.
    58
    59   MS. STEEL:  If he agrees with it, then it will not ----
    60

Prev Next Index