Day 313 - 13 Dec 96 - Page 50
1 that is comment. "Murdering a Big Mac", that is comment.
2 "Cattle becoming frantic", we would say that is comment
3 because it is a value judgment. "McDonald's are", the last
4 line, "responsible for the deaths of"... Well, that is
5 just fact, really.
6
7 I think that has done that job.
8
9 MR. JUSTICE BELL: Yes, thank you.
10
11 MS. STEEL: Just a few points about damages. This was a
12 question that was raised the other day about the
13 persistence in a plea of justification resulting in an
14 increase in damages. Just, really, to say that, I mean,
15 I did not -- I have not had a chance to read all the legal
16 cases, but I do not see why a persistence of a plea of
17 justification should result in an increase in damages when,
18 in every trial involving a publicly known figure or
19 company, there must be publicity about the trial by the
20 very fact that it has come to court, and if that argument,
21 legal argument, that Mr. Rampton was advancing the other
22 day in relation to this was accepted, effectively, it would
23 be saying that people should not defend cases brought
24 against them even if they believe in it. So, I think that
25 whatever was being said about that the other day should be
26 ignored.
27
28 The other point about damages is the court has not heard
29 any evidence at all about how many fact sheets were
30 distributed in the given period, that most of the
31 distribution of fact sheets was done in bulk by Veggies,
32 and that was of the approved version. So, McDonald's
33 cannot claim for that, and that is particularly so since it
34 is clear that Veggies reproduced the fact sheet, the
35 London Greenpeace fact sheet, from a copy they received
36 early on, i.e. before the Defendants' earliest possible
37 date of liability.
38
39 Now, obviously, there are, I mean -- the other general
40 point about damages is that McDonald's knew when they
41 brought this case that we had no resources and no hope of
42 paying and, for that reason, should not be entitled to
43 damages, and that they made a play of waiving damages
44 against the other three Defendants in this case and they
45 should not, therefore, be allowed to recover whatever was
46 considered to be their share, or whatever, from us, because
47 it was McDonald's choice not to continue the action against
48 them.
49
50 The final point is that the Plaintiffs have publicly
51 declared that they are not claiming damages in this case
52 and, in fact, that actually got reported in The Times
53 today, which, as we all know, is a lie, but because they
54 have publicly stated that matter they should be held to it
55 and deemed to have abandoned their claim for damages, so
56 they should not get any damages even if they win.
57
58 MR. MORRIS: Just on the subject of damages: They have shown no
59 evidence of any financial loss which we say they should
60 have to do. As regards they would have to show damage to
