Day 032 - 06 Oct 94 - Page 02


     
     1                                      Thursday, 6th October, 1994.
     2
     3   MR. MORRIS:  We will call Tim Lobstein, please.
     4
     5   MR. RAMPTON:  My Lord, before Dr. Lobstein is sworn, it may be
     6        convenient if I mention the fact that -- I may be the only
     7        unfortunate one in court -- one of his papers, The Diets
     8        of British Schoolchildren which was published by, I
     9        suppose, the government in 1989 had, according to the
    10        index, some tables with it, though not attached to my copy
    11        of the reports.
    12
    13   MR. MORRIS:  I have the original here.  It is quite a large
    14        book.  I photocopied all the text and the tables are at
    15        the back of the text.  The tables are about 80 pages in
    16        the tables.
    17
    18   MR. RAMPTON:  Having read the text and Dr. Lobstein's
    19        statement, it seemed to me that probably what one needs is
    20        the table rather than the text.
    21
    22   MR. JUSTICE BELL:  Could you show me what are the tables, what
    23        they look like?
    24
    25   MR. MORRIS:  There are pages and pages of tables, about a
    26        hundred pages of them, graphs and -----
    27
    28   MR. RAMPTON:  My Lord, I do complain once again.  It simply
    29        will not do, on a day when a witness is called, due to be
    30        cross-examined by me, perhaps, later today or tomorrow, to
    31        serve on us by way of discovery a deficient document.  If
    32        I am right that it is the tables that matter, it means
    33        very likely that Dr. Lobstein may have to go away while I
    34        digest the tables.  I do ask why that document was not
    35        served in its entirety.
    36
    37   MR. JUSTICE BELL:  How many copies do you have of it?
    38
    39   MR. MORRIS:  We have one copy.  My understanding, since this
    40        case started, is if there is a book then it is not
    41        automatically copied in full, partly because we are not
    42        able to do that.
    43
    44   MR. RAMPTON:  I did not ask for it to be copied, I asked for it
    45        to be served.
    46
    47   MR. JUSTICE BELL:  Let Mr. Morris finish.
    48
    49   MR. MORRIS:  I only have one copy.  My understanding of the
    50        general practice, certainly in this case, is to bring the 
    51        complete item to court and to serve what we consider to be 
    52        the most important sections.  What I did was photocopy the 
    53        entire text, which is the first 38 pages, which summarises
    54        the conclusions and methodology, and whatever.  The rest
    55        is to be made available.  I do not know which charts
    56        Mr. Lobstein will refer to, but certainly, if he does
    57        refer to a particular chart, we can copy it and I can show
    58        it to Mr. Rampton and he can -----
    59
    60   MR. JUSTICE BELL:  I do not think you are strictly right in

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