Day 053 - 22 Nov 94 - Page 19
1 "relationship", and the same way they used -----
2
3 MR. JUSTICE BELL: Let me put it another way, because I think
4 I am entitled to ask you whether, among other possible
5 kinds of links, you are actually in fact, in this case,
6 seeking to justify a causal link. It is certainly what
7 your witnesses have said but, as the parties, are you
8 trying to justify it?
9
10 MS. STEEL: We are trying to justify any type of link.
11
12 MR. JUSTICE BELL: Including a causal one?
13
14 MS. STEEL: Including a causal one, but it does not have to be a
15 causal one.
16
17 MR. JUSTICE BELL: I understand that. But you are seeking to
18 justify a causal link and anything down from that?
19
20 MS. STEEL: If it was found that there was a statistical link,
21 for example ---
22
23 MR. JUSTICE BELL: You would say that is enough?
24
25 MS. STEEL: -- that would be enough, yes.
26
27 MR. JUSTICE BELL: But along the way, you are seeking to justify
28 a causal link?
29
30 MS. STEEL: The thing is that we just asked witnesses to comment
31 on the links between diet and cancer, so some of them have
32 referred to "cause", some of them have referred to
33 "promotion", and some of them referred to "statistics".
34
35 If we had been specifically put to proving "cause", we
36 would have said to them: "Can you give us a statement about
37 what you consider the causal links to be, as opposed to any
38 other type of link?" That is why we see this as a
39 fundamental change in the Plaintiffs' case and as the case
40 as a whole.
41
42 MR. JUSTICE BELL: That is certainly what Dr. Barnard has done,
43 is it not?
44
45 MS. STEEL: Not really. A lot of his evidence was about
46 statistical links.
47
48 MR. JUSTICE BELL: I think you should look at it in the
49 lunch hour.
50
51 MS. STEEL: I accept that he has referred to "cause", but the
52 point is that he has also referred to other types of link.
53 As I say, if we had just been asked to prove causal link,
54 or if that is what had been pleaded, then we would have
55 approached this from a different angle.
56
57 MR. JUSTICE BELL: This is what troubles me because, certainly,
58 if you were counsel, I would ask you categorically, so
59 I think I am entitled to when you are acting in person,
60 whether, perhaps among other things, you are seeking in
