Day 283 - 21 Oct 96 - Page 11


     
     1   MR. JUSTICE BELL:   Yes.
     2
     3   MR. MORRIS:   Now, forgive me if I do read some things verbatim
     4        and some things I expand on.  Appendix 1 is entitled
     5        "Genuine Belief and Public Domain":
     6
     7        "McDonald's UK have admitted publishing 300,000 leaflets
     8        and press releases claiming that the Defendants and others
     9        have lied to the public by distributing the London
    10        Greenpeace Factsheet (a very serious allegation)..."  If I
    11        may add, their press release was vicious in its obsession
    12        with the word "lies", which I think appears nine times in
    13        one press release.  It is clearly an attempt to attack the
    14        credibility of the defendants on the eve of what was then
    15        going to be the start of the trial.
    16
    17        "...  and therefore the Defendants have counterclaimed
    18        against McDonald's for libelling them.  Paul Preston
    19        defined a 'lie' as saying something untrue which you KNOW
    20        to be untrue.  This McDonald's must prove", we believe by
    21        any sensible standard that the fact sheet was untrue and
    22        that we knew it, each individual allegation.  "... and the
    23        burden of proof should be high due to the seriousness of
    24        the allegation."  He did not say we were mistaken, it was
    25        deceptive, they said 'lies', that was the word they chose
    26        and they chose it carefully.
    27
    28        "However, we will demonstrate not only that the evidence on
    29        the facts vindicate the criticisms made in the Factsheet
    30        but also (see below) that these criticisms were not and
    31        cannot have been lies or made maliciously by the defendants
    32        - they are all, as the evidence has shown, criticisms
    33        which have been made widely for many years by respected
    34        organisations, by substantial members of the public and by
    35        McDonald's themselves.  And McDonald's know all this.  We
    36        submit that McDonald's have been unable to bring any
    37        evidence to defend themselves against the counterclaim."
    38
    39        "The basic points of the London Greenpeace Factsheet:
    40        Are not new criticisms" - I will demonstrate that in a
    41        minute.
    42        "They are all in the public domain" - as we have heard
    43        when we questioned Robert Beavers and through other
    44        evidence in the case.
    45        "Are general and standard criticisms of an industry and
    46        basic modern economic processes/modern culture" - as
    47        identified by your Lordship.  A lot of them are just basic
    48        common sense.
    49        They have all been "backed up by authoritative defence
    50        witnesses and by admissions from McDonald's themselves" 
    51        and, and this is an important point - 
    52        "Are contrasted with positive alternatives". 
    53
    54        Not only in the fact sheet, but it was clear in the course
    55        of the case that the defendants have possible alternatives
    56        on all these issues.  The last page of the fact sheet is
    57        really about positive alternatives, which is part of the
    58        context of the fact sheet, and that the positive
    59        alternatives are important in terms of, if you just have a
    60        gripe against Mac McDonald's and you don't care whether

Prev Next Index