Day 031 - 05 Oct 94 - Page 17
1 is why, with possible considerations such as that in mind,
2 when we get to arguing about it at the end of all the
3 evidence, it is probably better to use the word "cause"
4 for the purpose of your question. It is not meant to be a
5 lecture; it is an explanation of why I suggest "cause".
6
7 MS. STEEL: Obviously we are going to argue that the leaflet
8 nowhere states that if you eat McDonald's food you will
9 get cancer.
10
11 MR. JUSTICE BELL: I know you are, but the case you have to
12 meet against you is that it is alleged that it does mean
13 "cause".
14
15 MS. STEEL: But is that not something for argument at the end
16 as opposed to interpretation of the leaflet?
17
18 MR. RAMPTON: I would hope that it was entirely clear by now,
19 from the evidence of my witnesses, Dr. Arnott and
20 Professor Wheelock and from what I have said to your
21 Lordship in opening this case, it is accepted -- it would
22 be insane not to accept -- that there is a body of
23 evidence suggesting a relationship between that kind of
24 diet and the incidence of cancer. I have always made that
25 clear, and to, as it were, go over the same old ground
26 again and again -----
27
28 MR. JUSTICE BELL: I do not think you are. Can we cut it short
29 in this way? I had understood -- I may be wrong -- that
30 you are calling Professor Crawford because he might
31 support a contention -- let us leave aside the meaning of
32 the leaflet for the moment -- that what I would just call
33 a fatty diet is a cause of certain cancers. I may have
34 misunderstood, but if that is why you have called
35 Professor Crawford, re-express your question but use the
36 word "cause" rather than "link".
37
38 MS. STEEL: I just want to say, I think that the Plaintiffs
39 are actually shifting their ground considerably.
40
41 MR. JUSTICE BELL: Do not bother about that.
42
43 MS. STEEL: It is a problem because the reason we called
44 Professor Crawford was because the Plaintiffs were denying
45 there was a link between diet and cancer. That was
46 specifically why they argued that we should not have a
47 jury because there was going to be complicated scientific
48 argument.
49
50 MR. JUSTICE BELL: However, that may be, I thought you called
51 Professor Crawford because you thought he might say that
52 certain elements in a diet do cause cancer or are a cause
53 of cancer. Have I misunderstood that completely?
54
55 MS. STEEL: No, I was going to change the question when it was
56 first brought up.
57
58 MR. JUSTICE BELL: Do not let us get distracted about it. I
59 said what I did so that you could appreciate the potential
60 importance of cause as against link, whatever "link" may