Day 040 - 21 Oct 94 - Page 03

     1        been a wrong judgment insofar as Professor Crawford is
     2        concerned, I am satisfied now that it probably was.
     3        Otherwise, in relation to other witnesses, there was not a
     4        great deal of value in going through all the same
     5        materials, for example, Mr. Cannon, which your Lordship has
     6        already got, as it were, on the transcript.  So far as this
     7        witness is concerned it is not, unless your Lordship tells
     8        me that I am wrong about it, my intention to go through a
     9        large number of papers.  As your Lordship will gather from
    10        the beginning of my cross-examination yesterday, my
    11        approach to this witness is rather different.
    13   MR. JUSTICE BELL:  Yes.  I had not at the moment seen it as a
    14        problem with Dr. Millstone nor with Dr. Barnard because you
    15        put quite a lot to him, nor with Mr. Cannon because I am
    16        not in any way seeking to indicate that I may not attach
    17        considerable weight to Mr. Cannon -- I will look at that --
    18        but I do not see it in quite the same light as putting a
    19        scientific paper to a scientific witness in that field.
    21   MR. RAMPTON:  My Lord, if I may respectfully agree with that.
    22        It seems to me that Dr. Millstone and Mr. Cannon are,
    23        broadly speaking, in similar positions, namely, they are
    24        not scientists in a particular field.  What they have done
    25        is to sit down and review, as one might (if one had the
    26        time and a bit more expertise) oneself, what the
    27        scientists, the experts in the field, have actually said.
    29        To that extent all that I need do, so far as Mr. Cannon and
    30        to an extent Dr. Millstone is concerned, is to refer your
    31        Lordship in due course to this, that or the other, the more
    32        general position, so your Lordship can decide whether the
    33        evidence of these gentlemen is valuable or not.  That is as
    34        far as I anticipate I need to go with these witnesses.
    36   MR. JUSTICE BELL:  That is my view at the moment.  I think it is
    37        not a matter of calling Professor Crawford now, because it
    38        seems to me it would be better for everyone if he is
    39        recalled, if that is the decision which is made, after we
    40        have had, as it were, the interlocutory hearing on
    41        amendment of the Statement of Claim, because, quite apart
    42        from anything else, that might air other matters such as
    43        the admission of an association related to heart disease
    44        because that admission was of a pleading of the Defendants
    45        which was a pleading to the Statement of Claim as it
    46        presently stands.
    48        If there were an amendment, then the pleading which they
    49        have put to the original Statement of Claim might or might
    50        not remain.  They might have some variation on it.  We have 
    51        already had evidence called which goes beyond an 
    52        association other than cause and association, if there can 
    53        be one, and I hope during the argument it may become
    54        clearer to me what the Defendants were promoting as an
    55        association in their pleading, and what you thought you
    56        were admitting when you thought you were admitting an
    57        association.  But I will say no more about that.  I only
    58        raise them because they illustrate that there may be some
    59        argument about this which will enable Ms. Steel and
    60        Mr. Morris to decide whether they want to ask Professor

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