Day 021 - 29 Jul 94 - Page 74


     
     1        next week, but one has to talk to the witnesses.
 
     2   MR. MORRIS:  Then we can try to fit our witnesses into it.
 
     3   MR. RAMPTON:  I do so now, and I shall complain very loudly and
              may decline or ask your Lordship to allow me to defer my
     4        cross-examination if I do not get sufficient notice of the
              order in which the defendants intend to call their
     5        witnesses.
 
     6   MR. JUSTICE BELL:  It is particularly important if you are
              calling someone from abroad to give good notice, because
     7        if Mr. Rampton has to say:  "I need time and I would like
              this witness to come back", that is one thing if they come
     8        from somewhere in the United Kingdom; it is completely
              different if they have come from the States or Germany or
     9        wherever.
 
    10   MS. STEEL:   We will try and give, you know, the best dates we
              can give.  We do intend to do that.
    11
         MR. MORRIS:  I mean, the problem is because all the estimates
    12        up to now have been underestimates of time and slippage,
              not having enough time for slippage ----
    13
         MR. JUSTICE BELL:  I am not expecting perfection by any means
    14        but that is what you have to aim for.
 
    15   MR. RAMPTON:  There is one other matter.  In light of the new
              statement from Professor Campbell which was handed to us
    16        today which speaks of a single study and in the field of
              cancer, I would ask your Lordship's permission to be
    17        allowed to consult Dr. Arnott about that paper before he
              is cross-examined, since I may wish to ask him some
    18        questions in-chief about it before he is cross-examined.
 
    19   MR. JUSTICE BELL:  Yes.  Do you understand that?
 
    20   MS. STEEL:   Yes.  The main reason the paper was brought in was
              because it had been misquoted by Mr. Wheelock.
    21
         MR. JUSTICE BELL:  Do not worry about that.  The point is once
    22        you have put a witness in the witness box and they have
              started to give evidence, you are not supposed to talk to
    23        them about their evidence.  All Mr. Rampton is doing is:
               "Say an exception, please, in the case of Dr. Arnott so
    24        I can consult Dr. Arnott about this new paper.  I may then
              want to ask him some questions on it", an extension of his
    25        evidence-in-chief, before you begin your
              cross-examination.  That is perfectly reasonable; it 
    26        happens in many other cases. 
  
    27   MS. STEEL:   Yes, OK.
 
    28   MR. MORRIS:  Yes.
 
    29   MR. JUSTICE BELL:  We will meet again in September.
 
    30                  (Adjourned until 12th September 1994)
 

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