Day 206 - 22 Jan 96 - Page 07
1 difficult, I think, to make any further progress on that
2 particular matter, because I do not think the information
3 exists."
4
5 He then says, on page 58: "I have not prepared a
6 discussion of the evidence of the frequency of intolerant
7 reactions. I have not been led to expect that that would
8 be an issue which would be discussed. I do not have them
9 with me."
10
11 MR. MORRIS: Sorry, where are we now?
12
13 MR. ATKINSON: Page 58. "I have that material on file back in
14 Brighton. I can provide it, but I do not have it in these
15 footnotes or in these documents."
16
17 Then your Lordship says on page 59 -- and I am not reading
18 everything out, my Lord, just going from the main
19 bits -- "This is your witness on that topic" -- you are
20 saying that to Mr. Morris -- "what I suggest you do is
21 carry on with this exercise. If, having given his
22 evidence, Mr. Millstone goes away and prepares an analysis
23 of papers which, for example, purport to show that the
24 incidence of gastric upset and vomiting has a reaction to
25 sunset yellow is one per cent of the population or even 0.1
26 per cent of the population, then I will certainly listen to
27 any application you make in the future to recall that
28 evidence once proper discovery of supportive articles has
29 been made."
30
31 MR. JUSTICE BELL: That is the bit I particularly had in mind,
32 myself.
33
34 MR. ATKINSON: Yes. What I think that -----
35
36 MR. JUSTICE BELL: I mean, I could not remember that reference,
37 but I thought I had said words or something to that effect.
38
39 MR. ATKINSON: It is quite clear, in my submission, from the
40 transcripts, that what your Lordship was wanting help on
41 was hard figures in relation to each -----
42
43 MR. JUSTICE BELL: My recollection is -- and I will declare it,
44 so that I can be corrected if I am wrong -- Mr. Millstone
45 had spent a lot of time in his evidence dealing with animal
46 experiments where the dosages mostly (if not entirely) were
47 much higher than one would expect of humans to ingest,
48 quite apart from any difficulty of extrapolation from
49 animals to people. I was anxious, therefore, that he had
50 not given any evidence specifically saying that if people
51 ingest amaranth, they may suffer this, that or other; and
52 I was giving the Defendants and Mr. Millstone an
53 opportunity to come forward with any such evidence, if it
54 was there. Perhaps I was not very optimistic that
55 Dr. Millstone would do so because of his own evidence to
56 the effect that he did not really think there was such
57 information. But is that a reasonable summary of what
58 I was putting?
59
60 MR. ATKINSON: Yes, I understand. What might be said in support
