Day 244 - 03 May 96 - Page 03
1 that Mr. North, through no fault of his own, has formed an
2 opinion, which he is quite at liberty to express outside
3 this court but which, from the witness box, is something
4 which is a matter for your Lordship and not for him.
6 MR. JUSTICE BELL: Which parts are they?
8 MR. RAMPTON: In the first paragraph of the first supplementary
9 statement, the words from "represent" to "tool and".
11 MR. JUSTICE BELL: Is that the one of 14th December 1995?
13 MR. RAMPTON: My Lord, yes.
15 MR. JUSTICE BELL: The first paragraph?
17 MR. RAMPTON: The first paragraph which starts "In my view".
19 MR. JUSTICE BELL: Yes.
21 MR. RAMPTON: The words which I submit are objectionable, for
22 the reason I have given, are "represent" as far as "tool
25 MR. JUSTICE BELL: I am sorry, I was looking at the wrong
28 MR. RAMPTON: I am sorry. I say that because, although it may
29 be so, it is not something that Mr. North can give evidence
30 about it; it is a matter for your Lordship on the other
31 evidence given in the course of the case. He can certainly
32 say the rest of that sentence. That is a matter for his
33 own expertise.
35 Then, my Lord, for exactly identical reasons, on the next
36 page, the last sentence of the penultimate paragraph of the
37 text beginning, "the exercise was" and ending "the real
38 thing" and, for exactly the same reason, the whole of the
39 last paragraph, although, plainly, the comment in the last
40 phrase, "without the substantive controls necessary to
41 ensure that state", again he can certainly say that that is
42 his opinion, if wishes to do so.
44 In other words, he can speak of what he observes to be the
45 deficiencies in the system. What he cannot comment on as
46 an expert witness in science is what he perceives to be the
47 motive for using those systems.
49 MR. JUSTICE BELL: Yes. What do you want to say about that?
51 MR. MORRIS: I think that someone who is an expert in a field,
52 which is very public field, public health, is entitled to
53 draw conclusions from their experience about the way
54 companies that are monitored are using their procedures.
56 Obviously he has commented overall on what the effect of
57 their procedures are and he is drawing conclusions about
58 how they portray themselves, no doubt to him when he makes
59 visits or publicly, and I think that public health
60 officials are entitled to draw those conclusions. If they