Day 030 - 03 Oct 94 - Page 06


     
     1
     2        I do have to say that if these defendants were represented
     3        and this had happened, I would be asking your Lordship to
     4        adjourn the case at the Defendants' expense.  That option,
     5        for reasons with which your Lordship is well familiar, is
     6        not open to me.  I merely ask that I be given the
     7        opportunity to prepare a cross-examination, which I am
     8        confident truly represents my clients' view of the science
     9        of these matters.  I could certainly try and do it, but
    10        what I fear is -----
    11
    12   MR. JUSTICE BELL:  At the moment I do not see why you should.
    13        It may be that there will be absolutely no objection from
    14        the Defendants in that regard.
    15
    16   MR. RAMPTON:  I will sit down.
    17
    18   MS. STEEL:   Our position is that our witnesses are not saying
    19        anything new, they have just gone into more detail.
    20        Mr. Crawford, in particular, specifically said in his
    21        original statement that he concurred with the statement in
    22        the London Greenpeace fact sheet about the links between
    23        diet, cancer of the breast and bowel and heart disease.
    24        So there is nothing new coming in there.  The statements
    25        they have made now are largely in answer to what the
    26        Plaintiffs' witnesses have said in the witness box.
    27
    28        If we had not asked them to make new witnesses statements,
    29        we would have, in any event, gone through that with them
    30        whilst they were giving evidence, so that you knew their
    31        view on what the other witnesses had said.  So, in some
    32        ways the Plaintiffs are getting a bonus by knowing what
    33        they are going to say before they get into the witness
    34        box.
    35
    36   MR. JUSTICE BELL:  They should know what they are going to say
    37        before they go into the witness box by disclosure of full
    38        statements well in advance of the time when they go into
    39        the witness box and, in fact, in advance of the
    40        commencement of the trial, so that as witnesses on the
    41        other side are called they know what they are going to
    42        have to deal with.
    43
    44        I have to say that I think Mr. Cannon's statement is in
    45        very much more positive terms than anything I expected him
    46        to say.  The Plaintiffs have to deal with that.
    47
    48   MS. STEEL:   Some of the things that have been -----
    49
    50   MR. JUSTICE BELL:  We have had a lot of debate about links, 
    51        causes and associations, and on a first reading of his 
    52        statement says it is a cause in relation to various parts 
    53        of the diet and cancer.  It leaves open all sorts of
    54        questions about whether McDonald's food amounts to a diet
    55        or may do for some people, and so on.  But I think it is
    56        very much more positive and it has further detail in it.
    57        I cannot pass any comment upon Professor Crawford because
    58        I have not had time to read his.
    59
    60   MS. STEEL:   As I say, the statements were really made in

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