Day 252 - 20 May 96 - Page 61


     
     1   MR. RAMPTON:  My Lord, if the Defendants are going to propose,
     2        for example, that they are entitled to rely on what is in
     3        the World Health Organization Report about western diet, it
     4        has no bearing on this case, unless it is referable to
     5        McDonald's food and its nutritional value.
     6
     7   MS. STEEL:     We have been through that with other witnesses.
     8
     9   MR. MORRIS:  We will refer to McDonald's food but on the
    10        evidence of other witnesses who have already dealt with the
    11        issue.  The idea was Professor Naismith would not be going
    12        over old ground, and digging out days and days of
    13        examination and cross-examination and things that have been
    14        dealt with.
    15
    16   MR. JUSTICE BELL:  I have not thought it opened up the whole of
    17        the rest of the matter.  There is a lot of material in the
    18        other witnesses' evidence as to how McDonald's food
    19        compares-----.
    20
    21   MR. RAMPTON:   I know that but it does seem to me that there is
    22        absolutely no virtue in this cross-examination.
    23
    24   MR. JUSTICE BELL:  You can raise that in due course.
    25
    26   MR. RAMPTON:  I know I can but the rule is that
    27        cross-examination, however foolish it may be, if it steps
    28        over the line and lets in material by way of
    29        re-examination, which would not otherwise -- I did not open
    30        any of this stuff when I examined the witness in-Chief.
    31
    32   MS. STEEL:     I do not know what Mr. Rampton is referring to
    33        but everything I asked questions of have been directly
    34        related to the parts in his statement which were ruled to
    35        be admissible.
    36
    37   MR. RAMPTON:  No, with respect that is not right.  I am not
    38        concerned with Miss Steal's cross-examination anyway.  For
    39        example, Mr. Morris, referring to page 45 of the World
    40        Health Organization report asked the Professor this,
    41        whether he agreed with it.  "Aggressive commercial
    42        publicity and the impact of films televisions and magazines
    43        which depict certain foods and beverages being linked to
    44        higher social status have increased the products with
    45        little or no nutritional value."   Unless that be directed
    46        at McDonald's food it is a pointless question and I am
    47        entitled since this witness has been cross-examined about
    48        it, I am, with respect, entitled to ask him whether he
    49        thinks that applies to McDonalds.
    50 
    51   MR. JUSTICE BELL:  I think you are.  If you are going to do that 
    52        today are we going to finish at any reason time. 
    53
    54   MR. RAMPTON:  That is another question.
    55
    56   MS. STEEL:     Can I make a suggestion that if Mr. Rampton is
    57        particularly upset about that part we could just disregard
    58        any answer that the witness gave to that question because I
    59        am sure it can be dealt with --
    60

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