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
