Day 309 - 03 Dec 96 - Page 15

     
     1
     2        We would say that, to take the COMA reports, one would be
     3        very ready -- one ought to be ready -- to accept any
     4        figures and so on that they give in the course of the text
     5        and the tables.
     6
     7   MR. JUSTICE BELL:  Yes.  I am only talking about admissibility
     8        now.  I am not talking about weight, of course.
     9
    10   MR. RAMPTON:  No.  What I am trying to say is that I believe it
    11        is for that reason that documents of that kind are
    12        admissible without having to be proved.  The same would go
    13        for maps, as to which I believe there is clear authority.
    14        Again, there might be a distinction as to weight between an
    15        AA map and something done by the Ordinance Survey.
    16
    17        The other thing is, of course, that whilst one ought, we
    18        submit -- and whether it is for me or against me, I say the
    19        same thing -- to treat the figures that are given in such
    20        documents with respect and give them weight, particularly
         if there is nothing to contradict them.  Not necessarily
    22        the same thing goes for expressions of opinion which are
    23        found in those documents, particularly, as in this case,
    24        where there is evidence to show that the opinions expressed
    25        from time to time, as in the Surgeon General's report, the
    26        earlier one, the National Research Council of 1985, or
    27        whenever it was, where the expressions of opinion are
    28        contradicted quite strongly by subsequent evidence.
    29
    30   MR. JUSTICE BELL: Yes.  Thank you.
    31
    32   MR. RAMPTON:  To go back to your Lordship's specific inquiry,
    33        I think I am right in saying that, with some reservation in
    34        due course from Professor Crawford who saw where I was
    35        going, I believe, all the experts, what I call the proper
    36        experts in this case, have had no difficulty in accepting
    37        the authoritative character of the COMA reports; not
    38        surprising, when one looks to see who wrote them.
    39
    40   MR. JUSTICE BELL:  They may have reservations.  They may have
         said, "We think these are conservative figures", or they
    42        are bound to, perfectly understandably, get as much of the
    43        best of both worlds as they can because they want to
    44        achieve progress rather than just put forward figures which
    45        everyone will give up as hopeless to achieve ---
    46
    47   MR. RAMPTON:  That is fair.
    48
    49   MR. JUSTICE BELL:  -- or most people will.
    50 
    51   MR. RAMPTON:  I have used them simply because I have not got, 
    52        really, anything better. 
    53
    54   MR. JUSTICE BELL: Yes.
    55
    56   MR. RAMPTON:  That sounds disparaging; it is not meant to be.
    57        But there is nothing, actually, in the evidence we have in
    58        this case which serves the purpose anything like as well.
    59
    60   MR. JUSTICE BELL:  Yes.  The point I had in my mind on meaning