Day 022 - 12 Sep 94 - Page 67
1 I need to know at the moment.
2
3 MR. MORRIS: There was one thing I was going to ask; the
4 plaintiffs have said they would revert to our schedule for
5 our own witnesses, which is quite reasonable, but that we
6 do need to obviously try and book -- both sides need to
7 book their witnesses in as far ahead as possible. We feel
8 that the week, the 12th week, which would be 24th October,
9 which is the last week on that sheet, it would be the most
10 appropriate for a break, partly because it is six weeks
11 after a non-stop trial, and also it is my son's half term
12 from school which would be helpful for me.
13
14 MR. JUSTICE BELL: At the moment your witnesses go into the
15 week where Mr. Rampton was hoping to get back to recycling
16 and waste.
17
18 MR. RAMPTON: Yes.
19
20 MR. MORRIS: Our witnesses are going to be at least until
21 Wednesday 19th, and that is allowing no slippage. That is
22 why the last two days of that week would be slippage.
23
24 MR. JUSTICE BELL: I have to say, Mr. Rampton, that we will
25 have to see how we go on time. But I would find it
26 helpful if we did finish the nutrition witnesses, if we
27 can, in one go. Is there a problem if we finish, or do our
28 best to finish, all the defendants' nutrition witnesses,
29 thereby postponing, if need be, recycling and waste?
30
31 MR. RAMPTON: I do not know whether there is a problem or not
32 because I have not asked the independent people,
33 Mr. Mallinson and Mr. Baker, whether they have a problem
34 -- as well as Professor Ashworth -- a problem about being
35 postponed. I should tell your Lordship this
36 which Mr. Morris has not mentioned. It is that we have
37 written to the defendants, I think on Friday, explaining
38 that, in our view, it may be that there are some parts of
39 their nutritional evidence which is inadmissible in some
40 small part on the ground of hearsay, because it is only
41 experts who can give hearsay evidence in the normal way,
42 but largely on the ground of relevance. That applies with
43 particular force to Professor Crawford, who I understand
44 to be a cardiologist. In the light of the admission that
45 there is an accepted association between certain kinds of
46 diet and coronary heart disease, it may be doubtful
47 whether he has any relevant evidence to give. If he does
48 not, then I shall want to save him a journey. There may
49 arise an opportunity in this coming week to have an
50 argument about that; I certainly would not want to do it
51 now.
52
53 MR. JUSTICE BELL: If the defendants can organise for
54 Dr. Barnard to come -- I see he is down for Monday, 10th,
55 and Tuesday 11th. It is clearly important we stick to
56 that, if possible.
57
58 MR. RAMPTON: Yes. All I am saying is that time may be gained
59 in week 9 -- I cannot read this piece of paper, but
60 I think it is 3rd October, where there are two days
