Day 039 - 20 Oct 94 - Page 53


     
     1        was talking about.  His strength, if there was one, was the
     2        amount of research he had done and the papers he referred
     3        to.  So, I can follow that and I can form my own judgment
     4        as to whether it is strong or not.
     5
     6        Professor Crawford, who is a very considerable specialist
     7        and spent at least 20 years looking into the biochemistry
     8        of diet, if I can say that, perhaps refers less to papers;
     9        he just speaks from his own expertise; do you understand?
    10
    11        It is not to say one way at the end of the day will be
    12        strong, one kind of evidence at the end of the day will be
    13        stronger than another kind.  One does not start from the
    14        presumption that one kind is stronger than another.  One
    15        has just to look at the particular evidence and see what,
    16        if any, safe conclusions one can draw.
    17
    18        In fact it might be rather academic in this case because,
    19        for better or worse, we have Tarasoff and Kelly which we
    20        can look at, if you want, either now or when you are
    21        addressing me later and we have Dr. Samuels' critique of
    22        his methods.
    23
    24   MR. MORRIS:  That is why I was saying it would save time if we
    25        do not have to go through Dr. Samuels' paper, but seeing as
    26        Tarasoff and Kelly was not looked, at least Dr. Samuels is
    27        there to counter if it is looked at.
    28
    29   MR. RAMPTON:  My Lord, I do not know whether Mr. Morris and
    30        Ms. Steel understand, with some exception in the case of
    31        Dr. Arnott and perhaps one or two of the other witnesses,
    32        I did not refer your Lordship in open court because it
    33        takes so long, to all the references.  They should know
    34        that it is my intention, unless your Lordship tells me I am
    35        wrong, to take your Lordship to a far wider selection of
    36        the learned papers which support the oral evidence of the
    37        witnesses or, on the contrary, contradict it when I come to
    38        close this case.
    39
    40   MR. JUSTICE BELL:  You must feel free when you come to the end
    41        of the case to refer to any reference which you wish to,
    42        either to say that it supports an argument of yours, or to
    43        say that for this reason or another, although supported,
    44        although relied on by Mr. Rampton, it is not worth a string
    45        of beans.
    46
    47        You are not debarred from referring to it because you have
    48        not put it to a witness.  There is the risk that if you
    49        refer to it for the first time in submissions at the end it
    50        will carry less weight than if it had been specifically 
    51        referred to by a witness who adds to it his own expertise 
    52        and say:  "I agree with that" or "it makes sense".  But one 
    53        cannot lay down hard and fast rules about it.
    54
    55   MR. RAMPTON:  My Lord, may I add at this stage -- I do not know
    56        if it is helpful or not; I am not giving anything away,
    57        I know that, if I were I would not do it -- it is
    58        principally for that reason that I put Mr. Cannon on one
    59        side, who is not in a true sense a scientific expert.  It
    60        was principally for that reason I did not invite or require

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