Day 031 - 05 Oct 94 - Page 18
1 mean.
2
3 MS. STEEL: Can I just say, "link" does not exclusively mean
4 "cause" because it could also mean "promotes", or -----
5
6 MR. JUSTICE BELL: We can argue about that at the end of the
7 case.
8
9 MS. STEEL: It is a matter of -- if there is evidence that
10 cancer is promoted by fat, then that is also relevant to
11 the word "link"; it is not solely caused, is what I am
12 saying.
13
14 MR. JUSTICE BELL: It may be, but all I am suggesting is do not
15 bother about "link", which may have a variety of meanings,
16 when what you are really aiming at with Professor Crawford
17 (or I had thought you were) was cause.
18
19 MS. STEEL: I was willing to change the question anyway, but
20 we got distracted.
21
22 MR. JUSTICE BELL: What I said to you about possible
23 interpretation was not so that we could embark on an
24 argument about it now, but so you did not think that it
25 automatically meant victory for you and defeat for
26 McDonald's on this discrete area of the case if you
27 established "link", whatever that means, rather than
28 "cause". That is all.
29
30 Concentrate upon the evidence of the witness, because at
31 the end of the day I am going to have to hear submissions
32 from both sides about meaning, as well as what the
33 evidence actually points to so far as diet and, for
34 instance, cancer is concerned. You very sensibly
35 indicated you were going to rephrase the question, so let
36 us see if we can find it again. It is at page 14, line
37 50.
38
39 It is entirely a matter for you because it is your
40 question and it certainly was not my intention to distract
41 you. What I would suggest is that the evidence given by
42 other witnesses, that there is no compelling evidence that
43 diet is a cause of cancer, and you want to ask Professor
44 Crawford what he has to say about that; is that right?
45
46 MS. STEEL: Roughly, except that not just the cause -----
47
48 MR. JUSTICE BELL: You ask your own question. I have suggested
49 you do not use "proof" because your own witness in his own
50 statement has said, when we get to biology, because there
51 is no absolute proof of anything. That is why for "proof"
52 I substituted "compelling evidence", which, I anticipate,
53 Professor Crawford might be happier with -- I see he is
54 nodding -- and substitute the word "cause" for "link".
55
56 MS. STEEL: Right. It is the rest of the question that is
57 difficult.
58
59 MR. JUSTICE BELL: Take your time and then ask the question.
60
