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

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