Day 106 - 23 Mar 95 - Page 31

     
     1        they are undesirable chemicals and you would not want them
     2        in the food chain.
     3
     4   MR. JUSTICE BELL:  But I take all the evidence in the round at
     5        the end of the day.
     6
     7   MS. STEEL:  No, right, but it does not appear there is any great
     8        disagreement on the fact that they are harmful to human
     9        health; it is whether or not they are there.
    10
    11   MR. JUSTICE BELL:  But the whole point is I need not bother
    12        about whether they harm human health if there is no
    13        evidence that they exist; do you understand?
    14
    15   MS. STEEL:  No, I am just saying, this is in relation to the
    16        second point about whether they ------
    17
    18   MR. JUSTICE BELL:  Very well.  All can I do is mention the
    19        fact.   Do not let it go by default if there is material
    20        there, because it would be no use when you are addressing
         me at the end of the case, for instance, referring to
    22        Mr. Kenny but then finding that that is disputed, and then
    23        saying:  "Oh, well, if we had known that, Mr. North may
    24        have been able to produce some material to support it".  Do
    25        you follow.
    26
    27   MS. STEEL:  I understand.  It is only because you were saying
    28        there are two things that he was to look at, and the
    29        implication was that he had not said in the first place
    30        that health was a concern.
    31
    32   MR. JUSTICE BELL:  Absolutely no implication of that kind was
    33        meant.  It was merely making sure that he does not overlook
    34        an area where he might be able to find something and could
    35        help you.  I appreciate that when you talk to him, it may
    36        very well turn out, for all I know, that all that Mr. North
    37        is thinking about is scientific evidence of residues being
    38        there, not scientific evidence about whether such residues
    39        harm human health or could harm human health.  But I want
    40        you to be alert to both aspects. We will come back at 2
         o'clock.
    42
    43                        (Luncheon Adjournment)
    44
    45   MR. MORRIS:  Mr. North has been making enquiries over
    46        documentation and we hope to have some at least by
    47        tomorrow, if not all.
    48
    49   MR. JUSTICE BELL:  As I have said, it can be left as a discrete
    50        section of the case, but the sooner things are produced the 
    51        better everybody involved will be able to see the extent of 
    52        it.  Yes.  I suggest you leave that as a separate issue. 
    53        If we leave that over when Mr. North comes back -- it will
    54        mean, I am afraid, you will have to, Mr. North -- you can
    55        ask Mr. North any further questions about it before
    56        Mr. Rampton cross examines on it.
    57
    58   THE WITNESS:  My Lord, if that is the case, would it assist the
    59        court if I then on the basis of the papers prepared an
    60        additional statement?