Day 040 - 21 Oct 94 - Page 02
1 Friday 21st October 1994.
3 MR. JUSTICE BELL: I know I was hoping to discuss it later in
4 the day, the topic that was raised yesterday afternoon
5 about the extent to which scientific papers should be put
6 in cross-examination. I am not seeking to make a final
7 decision now, but I thought about it overnight. I thought
8 I ought to raise my thoughts while cross-examination of
9 Dr. Millstone is going on, although I think it is
10 particularly pertinent in a case of cross-examination of a
11 witness who has particular scientific or medical expertise
12 in the area (and that certainly applies to Professor
13 Crawford who is a biochemist and nutritionist, a professor
14 of biochemistry and nutrition).
16 The difficulty, it seems to me, with the course you took
17 with Professor Crawford (and I appreciate that it was taken
18 in an attempt to save time in a case which is lasting a
19 very long time) is this: Really what it seems to me is
20 proposed that I should be referred to articles after the
21 evidence is finished with a view to drawing the conclusion
22 that they contradict or diminish the strength of the
23 evidence -- we will stick with Professor Crawford for the
24 moment -- yet he has not been given an opportunity to deal
25 with the criticism or deflect it or give evidence which
26 might modify it.
28 Firstly, in my view, he ought to be given that
29 opportunity. If one can personalise it, one can imagine
30 sitting in one's room writing the judgment and reminding
31 oneself that Professor Crawford had said such and such, but
32 then I had been referred to a scientific paper which
33 contradicted that. It seems to me there is very great
34 difficulty then in saying that the paper should be
35 preferred to Professor Crawford or that knowing whether
36 Professor Crawford might have had an answer to that
37 apparent criticism. We are in a specialist field there.
39 MR. RAMPTON: Yes, that is true.
41 MR. JUSTICE BELL: I know from my own experience that one thinks
42 one may have mastered a particular area of medicine
43 sufficiently for the purpose of the case and then you meet
44 an expert in the field who says: "You can get Black's
45 Medical Dictionary or encyclopedia or the Atlas of Anatomy
46 you have looked at because they are all wrong; the real
47 position is this".
49 MR. RAMPTON: In relation to Professor Crawford, of course,
50 I take the point. I presently think I would disavow any
51 such words as "criticism" or "contradiction". I would be
52 looking to "explanation" and, perhaps, "modification".
53 Nothing more than that, if I have understood his evidence
56 So far as other witnesses are concerned, I hope that I did
57 what your Lordship is indicating insofar as Dr. Barnard is
58 concerned. That being so, the problem seems to me this:
59 In the course of cross-examining Dr. Barnard, I did canvass
60 a good deal of material. It seems to me, and it may have