Day 200 - 12 Dec 95 - Page 22
1 those two.
2
3 MR. RAMPTON: I cannot think of any because Dr. Arnott has given
4 his evidence and it was, I think, almost exclusive -- I
5 did not re-read it last night, but my recollection is from
6 the time when we did the argument on the amendment to the
7 Statement of Claim that his evidence is almost wholly
8 confined to the question of causation which is natural
9 since he is a cancer specialist.
10
11 Professor Wheelock has already given his evidence about the
12 relationship between diet -- again I stress the word "diet"
13 -- health and McDonald's food. Dr. Barnard's evidence,
14 which has been and gone, was confined almost exclusively to
15 the question of causation. Mr. Geoffrey Cannon who was --
16 I forget the words one uses for such a person, not a
17 scientist, but was, perhaps I can call it this, a collector
18 of information, I do not believe that he would improve the
19 evidence by being recalled.
20
21 Beyond that, I cannot think that there are any scientists
22 on either side who need to be recalled apart from Professor
23 Crawford. If the Defendants think now, in the light of
24 your Lordship's meaning, that they ought to go and find
25 some fresh person, I do not know whether I would object to
26 that or not; I suspect not. I suspect even if I did, your
27 Lordship would not listen to me.
28
29 MR. JUSTICE BELL: I do not know about that. If there was any
30 question of a fresh witness, a new witness altogether,
31 I would expect a statement or a report from that person to
32 be served on the other side, whoever was calling that
33 person, and then I would really apply my mind to whether it
34 was right to allow a new witness to enter the arena.
35
36 I am speaking aloud so the Defendants can hear me because
37 what I really propose to do is let them have an opportunity
38 to say anything they want now about before 1 o'clock, but
39 otherwise return to it on Friday. The other two possible
40 candidates I have in mind to be recalled were Dr. Arnott
41 and Professor Wheelock. The Defendants have heard me say
42 that, but they may have more to say about other witnesses.
43 I do not know.
44
45 MR. RAMPTON: My Lord, all that I could do so far as -- as
46 I say, I do not myself see how Dr. Arnott could give more
47 evidence than he already has since he is not a dietician.
48 His expertise lies in the aetiology of cancer and he has
49 given that evidence. Professor Wheelock's contribution
50 might be this, I suppose, that he could look at your
51 Lordship's meaning and express a view about the proposition
52 which your Lordship says is conveyed by the leaflet.
53
54 MR. JUSTICE BELL: I am certainly not going to ask anyone to be
55 recalled so that I can ask them a question. So it seems to
56 me you have to decide whether you want to recall either
57 Dr. Arnott or Professor Wheelock, and the Defendants have
58 to decide who they would like, if anyone, to recall of
59 their witnesses and who they would like to cross-examine
60 further of yours.
