Day 253 - 21 May 96 - Page 03

     
     1        is an anteriorum; there are only 2 matters I want to refer
     2        to.
     3
     4   MR. JUSTICE BELL:  I would like to know what they are because if
     5        it is just bringing in parts which I have excluded, I am
     6        not very attracted by it.  So I would like you to tell me
     7        what the parts are.
     8
     9   MR. RAMPTON:  My Lord, I am in this difficulty, I perceive.
    10        Mr. Morris -- I am not talking about Ms. Steel's
    11        cross-examination, I confine myself to Mr. Morris --
    12        perhaps the easiest thing is, I have taken the liberty, and
    13        I say I am not sure if I am allowed to do it, I have taken
    14        the liberty of copying four pages from yesterday's
    15        transcript, which contain two passages which I would submit
    16        do give rise to a right in me to re-examine.  (Handed).
    17
    18        My Lord, they both concern passages read from The World
    19        Health Organisation Report which Mr. Morris asked Professor
    20        Naismith about.  The first is the one I mentioned
         yesterday, which starts at the bottom of page 55.  That is
    22        at the back of that little clip.  It is the last page but
    23        one, I think, at line 55, and then Mr. Morris read out the
    24        passage.
    25
    26   MR. JUSTICE BELL:  Let me read it again (Pause).
    27
    28   MR. RAMPTON:  There is a misprint at the top of page 56, the
    29        last word.
    30
    31   MR. JUSTICE BELL: Yes.
    32
    33   MR. RAMPTON:  My Lord, that line of questioning, and I will just
    34        refer your Lordship to the other one because it is the same
    35        topic, which is at the bottom of page 53, which I think is
    36        the first page in the transcript, starting at line 51, and
    37        ending at the bottom of the page.
    38
    39   MR. MORRIS:  Sorry, at the bottom of what page?
    40
    MR. RAMPTON:  Page 53.
    42
    43   MR. JUSTICE BELL:  Yes.
    44
    45   MR. RAMPTON:  As I see it, the only purpose of those questions
    46        can be to fuel a suggestion that the introduction of
    47        McDonald's food in developing countries is a bad idea on
    48        health grounds, and the further suggestion that Professor
    49        Naismith has supported that suggestion.  I lay emphasis on
    50        those last words because this arose in cross-examination, 
    51        as a submission which the Defendants can make, for better 
    52        or worse, at the end of the case. 
    53
    54        Faced with that, since it arose in cross-examination, and
    55        the implication that Professor Naismith would, if asked,
    56        have supported that suggestion, I believe I have no choice
    57        but to ask him whether he does or does not agree with that
    58        implied suggestion.
    59
    60   MR. JUSTICE BELL: How far does that involve you going?