Day 010 - 11 Jul 94 - Page 34
1
Now, if I may, I would also refer you to a document that
2 is in the packet, the McFact Packet, the last document in
the fact pack.
3
MR. MORRIS: Which packet is that? The Polystyrene Fact Sheet?
4 A. Yes, that is correct; the last document in that
collection.
5
Q. Which is document number 5 in our series?
6 A. That is right. If you go back a couple of pages into
it actually you will find a document titled "Polystyrene
7 Food Service Packaging: A Health Profile".
8 Q. Wait a minute, I cannot find that -- yes, sorry, it is
about the tenth page into that bundle. It is the tenth
9 page. This is produced by who?
A. If you turn a page in ----
10
Q. We have it the wrong way round here; that is my
11 photocopying ability; about four pages before that we have
other pages ----
12
MR. JUSTICE BELL: Could I just ask you, Mr. Morris, do any
13 medical witnesses deal with this?
14 MR. RAMPTON: No, my Lord. The problem is this. It was never a
pleaded matter. It was mentioned in passing in
15 Mr. Lipsett's statement. If we are going to go into it in
considerable depth, plainly papers such as this one by
16 Mr. Baggett, which comes from I know not what learned
journal or indeed I know not what Mr. Baggett's
17 qualifications are, but they would have to be reviewed by
people like Professor Walker, who is a toxicologist.
18
MR. JUSTICE BELL: I suggest we go on.
19
MR. MORRIS: We will try to be as brief as we can.
20
MR. JUSTICE BELL: If it comes to the crunch, what troubles me
21 is -- I know because I was counsel in it -- that some
years ago the Court of Appeal said that articles written
22 by experts -- in that case it was a medical expert -- are
not evidence in themselves unless and until a medical in
23 that case expert in the witness box said "I read that and
I agree with it".
24
MR. MORRIS: Yes.
25
MR. JUSTICE BELL: So what I suggest is carry on but bear that
26 in mind. You see Mr. Lipsett, in fairness to him, has not
said he is an expert in styrene migration. He has said a
27 large part of his function is research and this is what he
has turned up.
28
MR. MORRIS: If we refer to that last document which are pages
29 7, 8 and ten of our document number 5. If you note on
page 8 -- sorry, I photocopied them in the wrong order of
30 course -- but on page 8 it has at the end of that document
"The Polystyrene Packaging Council". Can you say what
