Day 157 - 18 Jul 95 - Page 10


     
     1   MS. STEEL:  There is a bearing in law in that it can be a
     2        contempt of court to carry out an act calculated to
     3        prejudice the due course of justice.  Mr. Rampton last week
     4        was trying to get us to sign an undertaking that we would
     5        not show copies or make copies to send to our witnesses or
     6        legal advisers.  The fact is there is absolutely no
     7        provision for him to be able to -- for any kind of
     8        undertaking, and it is a complete abuse of process and an
     9        abuse of his position in the court to make such a
    10        suggestion that we should give that undertaking.
    11
    12        We were intending to come back to that.
    13
    14   MR. JUSTICE BELL:  I do not accept that for the simple reason
    15        that the whole question of you getting it upon undertakings
    16        was a possible solution to the problem you were saying you
    17        suffered from, so far as the conduct of your case was
    18        concerned, if I ruled against your application to order
    19        that you should have copies of the transcript.  But,
    20        however that may be, you are supposed to be trying to help
    21        me to a correct decision today.
    22
    23   MR. MORRIS:  Yes.
    24
    25   MR. JUSTICE BELL:  Therefore, we must work on the basis of
    26        things as they are today, which means on the basis, if you
    27        choose to address me on that part of the subject at all, of
    28        Barlow's recent letter.
    29
    30   MS. STEEL:   I just wanted to say something, that he did say it
    31        was a breach of copyright to make copies of the transcripts
    32        to give them to our witnesses and legal advisers, but that
    33        was misleading the court because copyright did not trouble
    34        them when they wanted to make copies to give to Mr. Alan
    35        Long or Mr. Beavers.
    36
    37   MR. JUSTICE BELL:  I must stop you because we had an argument
    38        about this on 4th July and I gave a judgment on 4th July.
    39        What you are doing is coming back, which I said you could
    40        do, if you want, to present a new argument.  You must
    41        present the argument on the basis of the state of affairs
    42        as it is now.  Otherwise, you are just not helping me to
    43        whatever the right conclusion is at all.
    44
    45   MR. MORRIS:  OK.  Mr. Rampton had said on 4th July, page 31,
    46        line 48: "... explain the purpose of an undertaking", which
    47        they are now still saying, although it is in different
    48        terms than it previously was:  "What it would prevent (and
    49        this is what this is all about) is their disseminating it"
    50         -- any transcript of abstracts, that is -- "to journalists 
    51        and the McLibel Support campaign and similar like-minded 
    52         -----", then he was interrupted but, presumably, "people". 
    53
    54
    55        So far as we are concerned, in a public trial such as this,
    56        of enormous public interest, that the public and press have
    57        an absolute right of access to the evidence that is heard
    58        in court.  We will not accept any restriction on our
    59        ability to verify quotes that journalists may wish to use
    60        to make sure they are accurate.

Prev Next Index