Day 019 - 27 Jul 94 - Page 02

     1                                                27th July, 1994.
     2                        Dr. Gregory, recalled.
                        Cross-Examined by the defendants, Continued
         MR. RAMPTON:  Before we continue, thanks to the good offices of
     4        Dr. Gregory, we have now obtained -- a copy should be on
              your Lordship's bench -- a copy of the report to which he
     5        referred yesterday which mentions the Schutt Abraham
              research in Germany.  The reference to Schutt Abraham is
     6        on page 40 of this paper which is by Dr. Mead -- no, the
              paper is by Dr.Gregory, but it forms part of a number of
     7        publications.  I understand that the date of the
              publication is 1989.  The reference to the Schutt Abraham
     8        research is on page 40.  The numbers are in the top left
              hand corners.  Each of these pages is a double page.
         MR. JUSTICE BELL:  I only need concern myself with that if, in
    10        fact, Ms. Steel or Mr. Morris prays the German research in
              aid of their case.  Where shall I put it?
         MR. RAMPTON:  I have put it at the back of orange file V, as
    12        reference P to Dr. Gregory's references.
    13   MR. JUSTICE BELL:  Is there a divider?
    14   MR. RAMPTON:  One is coming.
    15   MR. JUSTICE BELL:  There is one matter I would like to mention
              now, and then I suggest we do not discuss it now, we may
    16        come back to it at the end of the day because I am anxious
              to carry on with Dr. Gregory.  I will say what is on my
    17        mind so that everyone can think about it.  The note I made
              during the cross-examination of Professor Wheelock when we
    18        got to the stage of whether it was better to carry on
              cross-examining him on additives or wait for Professor
    19        Walker, what I wrote in my note was:  So far as additives
              are concerned, I can put Professor Wheelock's evidence
    20        aside and concentrate on Professor Walker.
    21        On reflection, and looking at the way in which Mr. Rampton
              put the matter on additives in opening, what I want to
    22        raise in plenty of time for the defendants to think about
              it before Professor Wheelock comes back on Friday, is
    23        whether that is strictly accurate, because the way you put
              Professor Wheelock and Professor Walker in relation to
    24        additives was that Professor Wheelock was your witness on
              whether they were necessary or desirable.  Professor
    25        Walker was your witness on whether they presented a hazard
              or were safe, which is a distinction I can readily make. 
              What I am anxious not to have done is deter the defendants 
    27        from cross-examining on the Wheelock aspect, whether they
              are necessary or desirable.  Clearly they can leave, and
    28        I think they accept it is sensible to leave, the question
              of whether they present a hazard or a safety to Professor
    29        Walker.  But having mentioned that, so that you can ----
    30   MR. RAMPTON:  I would add this:  I did actually lead evidence
              from Professor Walker, I think, about -----

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