Day 242 - 29 Apr 96 - Page 40


     
     1        he expresses as to diet, which exclude lots of things
     2        I thought I had managed to steer out of this case, like
     3        young women eating vegetarian diets and so on, which he has
     4        included in his statement, would you still apply for leave
     5        to call him in relation to heart disease aspects only?
     6
     7   MR. RAMPTON:  I would have to, because, as I say, that is a new
     8        field.  It is unchartered territory, both so far as we are
     9        concerned and, indeed, so far as your Lordship is
    10        concerned.  If the Defendants are going to be given the
    11        opportunity to deal with that new territory, then, in my
    12        respectful submission, justice demands that I must be
    13        allowed to do so too.  I do not mind who it is, but
    14        somebody on my side, if the Defendants are to be allowed
    15        that opportunity, must be allowed the opportunity to come
    16        to say to your Lordship:  "Contrary to what the Defendants
    17        assert, the risk is not, in fact, a very great one", or
    18        whatever they might be disposed to say, I do not know.  But
    19        I do not understand why it should be thought that Professor
    20        Crawford could have any additional evidence to give.
    21
    22   MR. JUSTICE BELL:  I do not know that he does.
    23
    24   MR. RAMPTON:  I thought I had understood your Lordship inviting
    25        the Defendants to consider asking him additional questions
    26        in-chief.  That can only be as a consequence of your
    27        Lordship's meaning.
    28
    29   MR. JUSTICE BELL:  If the Defendants oppose Professor Naismith
    30        and if I am minded to say "no" to Professor Naismith, I may
    31        have to reconsider the matters so far as any further
    32        evidence-in-chief from Professor Crawford is concerned.  As
    33        far as I am concerned, it is all open country for me to
    34        decide.
    35
    36   MR. RAMPTON:  Of course it is, but, my Lord, can I just say
    37        this:  I do not mind who the witness is, but if the
    38        Defendants' witnesses, because, as I say, of an accident of
    39        chronology, prompted by their application to strike out our
    40        case, if your Lordship recalls, if the Defendants are
    41        allowed to call additional evidence, that is to say,
    42        evidence which is not already included in their witness
    43        statements, or which has not already been given in-chief,
    44        to deal with the heart disease aspect and no other of your
    45        Lordship's meaning, then in justice I must be allowed to do
    46        so too, otherwise you have evidence from one side -----
    47
    48   MR. JUSTICE BELL:  I understand your point on that.  Is Dr. Keen
    49        someone who can give evidence?
    50 
    51   MR. RAMPTON:  I do not know whether he can give evidence ----- 
    52 
    53   MR. JUSTICE BELL:  I will tell you why -- I will be quite open
    54        about why it is -- I am very anxious about producing
    55        another expert.  He can be called, I can see, limited to
    56        certain aspects.  That, however, may be difficult.  I would
    57        very much rather at this stage, hopefully near the end of
    58        the hearing, restrict the field of witnesses to those
    59        witnesses who have made statements long ago.
    60

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