Day 206 - 22 Jan 96 - Page 02

     
     1                                      Monday, 22nd January, 1996
     2
     3   MR. RAMPTON:  My Lord, there are a number of things
     4        your Lordship wanted dealt with this morning, and in no
     5        particular order.  They were Mr. North's two new
     6        statements; the statement from somebody called Mainprize --
     7        I think probably a girl, but I am not sure -- there is
     8        Mr. Alimi's further statement; there is the statements
     9        attributed to Mr. Rensi and the Wall Street Journal; there
    10        is Mr. Millstone's new statement; there is Mr. Stein's
    11        evidence before the Congressional hearing; and there is the
    12        matter of interrogatories.
    13
    14        The only one of those, I suspect, which is going to take
    15        any substantial amount of time is the Brazilian question,
    16        about which I shall have quite a lot to say in due course.
    17
    18        Might I invite your Lordship to hear Mr. Atkinson first on
    19        the question of Dr. Millstone, for the reason Mr. Atkinson
    20        has to, as soon as he can, leave court and go and do
         something else?
    22
    23   MR. JUSTICE BELL:  Yes.
    24
    25   MR. RAMPTON:  Then I will deal with the other things.
    26
    27   MR. JUSTICE BELL:  Yes, Mr. Atkinson.
    28
    29   MR. ATKINSON:  Your Lordship invited Dr. Millstone to go away
    30        and come back with a further statement.  That was on
    31        19th October, which was day 38 of the trial.  Essentially,
    32        that was to deal with a very simple question, which was, in
    33        hard figures, so far as possible, what was the incidence
    34        amongst the human population, so far as Dr. Millstone could
    35        tell, of ill-effects from the additives that are bring
    36        dealt with in this case -- because what he at that stage
    37        said that he was not able to do was to actually put figures
    38        beyond a general statement in relation, it would seem he is
    39        saying, to all additives; he was putting a figure about of
    40        not less than one but not more than five per cent of the
         population.
    42
    43   MR. JUSTICE BELL:  He did do that in his first report, did he?
    44
    45   MR. ATKINSON:  He said in his evidence that is the sort of range
    46        he was talking about.  But, as I understand it -- and
    47        I will give your Lordship some reference in the
    48        transcript -- what I certainly understand from the
    49        transcript your Lordship wanted -- and you will correct me
    50        if I am wrong -- is that in the same way that Mr. Walker 
    51        was able to some extent to deal with the incidence of 
    52        ill-effects in relation to the various additives that have 
    53        been pleaded and replied on in the Abstract pleaded by the
    54        Defendants, what you wanted from Dr. Millstone was that he
    55        would go away and do an exercise by what -----
    56
    57   MR. JUSTICE BELL:  I do not know whether I wanted it.  What
    58        I was anxious was that it should not just be by failure to
    59        perceive the point, but the Defendants called no evidence
    60        to support the particulars which they pleaded which