Day 201 - 15 Dec 95 - Page 15
1 saying in the Freudian case, he is not saying that one
2 excludes only that which is irrelevant, because that is
3 excluded anyway. What he is saying is that the court must
4 focus -----
5
6 MR. JUSTICE BELL: Within that which is arguably relevant.
7
8 MR. RAMPTON: Yes. But if it is peripheral, then it should be
9 discarded and ignored, and one should concentrate on the
10 vital, decisive or determinative issues.
11
12 MR. JUSTICE BELL: I think it is best I give a formal ruling in
13 relation to this.
14
15 (For ruling, please see separate transcript)
16
17 MR. RAMPTON: My Lord, that just leaves next term's schedule --
18 I say "just". We have done as your Lordship has suggested
19 and are now in the process of lining up our Colchester
20 witnesses for the beginning of next term.
21
22 MR. JUSTICE BELL: Yes. Before you go on to that, I said that
23 I would ask Ms. Steel and Mr. Morris today if they could
24 give any further help in relation to nutrition witnesses.
25 I remember very well what Ms. Steel said about wanting to
26 read Dr. Arnott and Professor Wheelock before reaching a
27 decision about them, but I did hope they could give me some
28 help about other witnesses.
29
30 MR. MORRIS: I cannot remember really what we said before and
31 what would be different if we spoke now.
32
33 MR. JUSTICE BELL: Let me remind you because I marked it in --
34 I think everyone got a copy of the transcript of Tuesday
35 because it went to procedural matters, and it was towards
36 the bottom of page 26. You indicated you were going to
37 call Miss Brophey.
38
39 MR. MORRIS: Yes, I think, as regards Fiona Winter, whatever her
40 status is, then we will certainly reconsider calling her,
41 because whether it is a recall or whether it is -- sorry,
42 we are not recalling, whatever her status is, I think she
43 should be called, rather than track down exactly what her
44 status is. Obviously -----
45
46 MR. JUSTICE BELL: But is there any other witness, because you
47 will remember part of what you were saying was related to a
48 heart disease and the fact that you had not called
49 witnesses there. I am not urging you to call them.
50
51 MR. MORRIS: No, we want to get advice on that. We are going to
52 consider whether we need to recall Geoffrey Cannon.
53 Obviously, Professor Crawford is coming back. Colin
54 Campbell, we intend to call. He was initially a Civil
55 Evidence Notice from America. If you remember, he did the
56 China study, in the light of the ruling, and he had made a
57 further statement for us, and an indication from him that
58 he is prepared to come, then that will be our intention to
59 call him.
60
