Day 265 - 19 Jun 96 - Page 06
1 A. New bodies, yes, I think a few, in that there is now a
2 general tendency for countries to come out with
3 recommendations specifically on diet and cancer. I think I
4 may have said before that I was aware, as is reflected in
5 the WHO blue book, Diet and Nutrition and Prevention of
6 Chronic Diseases, that national statements specifically on
7 diet and cancer have been issued by various bodies, and in
8 the States I think about six bodies, either governmental or
9 quasi-governmental or otherwise authoritative in Canada,
10 and I am not sure if I said before in Australia although
11 that is now so. Additionally, in Japan.
12
13 That is on old document that goes back to the 1980's,
14 and generally what happens is that when a country gets --
15 when such a statement is issued in a country by such bodies
16 it will tend to be updated from time to time. So that, for
17 example, the National Cancer Institute and the American
18 Cancer Society will issue position statements based on the
19 science as they understand it from time to time. Every
20 two, three, four, five years, or something of that sort.
21
22 MR. MORRIS: The machine is bleeping away.
23 (Problem with noisy computer)
24
25 MR. JUSTICE BELL: Forget the machine, you do not need it.
26
27 MR. MORRIS: It is annoying.
28
29 MR. JUSTICE BELL: Well, turn it off. (Pause)
30 A. And the same point applies in Europe. The body in
31 Europe that has issued a position statement -- or one of
32 the bodies in Europe has, I should say -- is the EU-backed
33 so-called Europe Against Cancer Campaign which issues what
34 they call the ten commandments, which I think is a slightly
35 ferocious way of putting it, but there are ten general
36 recommendations on how to prevent cancer, I think four of
37 which from memory are related in some way or other to diet,
38 and that Europe Against Cancer Guide is updated from time
39 to time and has been updated recently. It was last updated
40 about six months ago, and is not materially different from
41 what it was.
42
43 MR. JUSTICE BELL: I think I have got to bring an end to this
44 because I cannot judge whether the meaning as I have now
45 defined it is justified according to whether this body or
46 that body has said this or that, quite frankly. I mean, in
47 so far as someone who I treat as an expert, and I put over
48 the question of whether I can treat Mr. Cannon as an expert
49 because I do not want to have protracted argument about it
50 now, adopts what is in a report then I can take it into
51 account, but I cannot just abrogate my judgment to bodies
52 around the world who come to this conclusion or that
53 conclusion. I might just as well not come into Court.
54
55 MR. MORRIS: Well, my understanding is that part of the -- I
56 thought it was still part of the case whether such and such
57 and opinion is an established medical fact.
58
59 MR. JUSTICE BELL: No, that was in the leaflet but it forms no
60 part of my meaning unless I have completely forgotten