Day 254 - 22 May 96 - Page 17
1 at tab 7 and tab 8 to Professor Naismith, or were, although
2 he did not refer to them, and any matters which you think
3 you can gain from Dr. Arnott now you know what the leaflet
4 means so far as this trial is concerned. That is if you
5 want to ask him about degrees of risk or anything of that
6 matter, just as an example.
7
8 MR. MORRIS: Our understanding was his only admissible evidence
9 or the purpose of bringing him was that there had been new
10 developments in the last 2 years and on those grounds he
11 was allowed to be recalled.
12
13 MR. JUSTICE BELL: Yes, but that does not mean to say that is
14 all you need ask him or all you are entitled to ask him
15 about. At the moment we do seem to have gone back to old
16 ground.
17
18 MR. MORRIS: That is partly because his statement ----
19
20 MR. JUSTICE BELL: I have to say -- I am not going to stop you
21 if you want to ask about matters which he dealt with last
22 time, and this is not a criticism of Ms. Steel, but we have
23 gone back to those matters because of the questions he has
24 been asked in cross-examination.
25
26 MS. STEEL: Which is because of his answers.
27
28 MR. JUSTICE BELL: Please listen: If a witness is asked
29 questions, he has to answer them and if he can only answer
30 them by reference to what he said previously, he will cover
31 old ground.
32
33 The main purpose of Dr. Arnott coming back is updating
34 matters since 1994, but I also said that you would be
35 entitled to have him recalled, if you want, in order to ask
36 him any further questions you wanted in the light of my
37 definition of what the leaflet means so far as "nutrition"
38 is concerned. So, I am suggesting to you that you can deal
39 with that area as well as the updating.
40
41 MS. STEEL: Can I just explain this business about the use of
42 the word "so", because it is very difficult to change the
43 way that you ask questions and when I say "so", it does not
44 mean that I think it follows from what the witness has
45 said; it means I am asking a question as to whether that is
46 what he means by what he has just said.
47
48 MR. JUSTICE BELL: I would like you to try and avoid it, because
49 for anyone reading your question, they would think that it
50 logically follows on what has come before.
51
52 MS. STEEL: But the witness is there to say "no" if he
53 disagrees.
54
55 MR. JUSTICE BELL: Yes, but we need not have the
56 misunderstanding in the first place. Do your best just to
57 ask the question.
58
59 MS. STEEL: If he agrees with it, then it will not ----
60
