Day 030 - 03 Oct 94 - Page 11


     
     1        followed, of course, at the end of that passage with a
     2        reference to a paper by Dr. Crawford himself which he
     3        claims to have prepared with the help of the well known
     4        doctor, Doctor Peter, which, of course, is entirely new.
     5        I do not even know whether that paper is attached to this
     6        new statement.
     7
     8   MR. JUSTICE BELL:  Let us leave Professor Crawford for the
     9        moment.  I made it quite clear, and I would extend the
    10        same facility to the defendants, that if you say you need
    11        time after Professor Crawford, in the light of not having
    12        read the rest of the statement, in the light of that
    13        paragraph, you certainly must have it in relation to
    14        that.  It may well be that that is a very good reason why
    15        we should hear Professor Crawford in-chief before you have
    16        your opportunity.
    17
    18        In fact, you may want to consider whether, for instance,
    19        you want to ask one or two questions to see if he really
    20        is saying what he appears to be saying there before you
    21        obtain your instructions.
    22
    23   MR. RAMPTON:  Yes.
    24
    25   MR. JUSTICE BELL:  What I suggest we do now, unless there is
    26        anything further which should be decided, is we proceed to
    27        hear Mr. Cannon's evidence.  You will certainly have an
    28        opportunity to take instructions and prepare yourself
    29        further if you wish for it at the end of his
    30        evidence-in-chief.
    31
    32        I cannot keep in mind all the statements of witnesses who
    33        are either experts by qualification or by experience.  If
    34        there are any of your experts on any topic in the future
    35        who have either not seen the expert evidence on the other
    36        side, that is McDonald's expert evidence, or have not been
    37        specifically asked to write down any comments which they
    38        would wish to make on it, you must approach them.
    39
    40   MR. MORRIS:  Yes.  That is very sensible.  We have found it
    41        difficult to get the relevant Plaintiffs' evidence to our
    42        expert witnesses and get further comment or statements
    43        from them, but we are doing our best.
    44
    45   MR. JUSTICE BELL:  You have to do your best for the reasons
    46        which I have tried to explain.
    47
    48        From Mr. Cannon's book, I have read IV to V, pages 83 to
    49        87, 132 to 133 and 134 to 135, but I have not read the
    50        other references which you put down in your letter. I have 
    51        not had time.  Do you want me to read those before you 
    52        call Mr. Cannon, or are you content to deal with it as we 
    53        go along?
    54
    55   MR. MORRIS:  I think we should deal with it as we go along,
    56        because I do not know if Mr. Cannon will actually refer to
    57        every page he has identified.  I have not had time to talk
    58        to him myself about what he is exactly going to say.
    59
    60   MR. JUSTICE BELL:  You call Mr. Cannon.

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