Day 278 - 11 Jul 96 - Page 48
1 this is about really.
2
3 MR. JUSTICE BELL: Yes, thank you then. What I suggest is leave
4 everything there, because we are going to adjourn shortly
5 and then you can come back up and take all the files away
6 and Mr. Riley, I hope, will put the rest away. You need
7 not do it now, Mr. Riley. Yes. What is the next step?
8
9 MR. MORRIS: I wanted to say one thing before we just move on,
10 is that just in case our case is not clear what our case is
11 on rainforests. Our case is that McDonald's has a direct
12 responsibility, whether or not they own the land is an
13 academic point, themselves or their workers with little "M"
14 badges go around chopping down trees. The point is it is
15 their direct responsibility, because they are art of that
16 chain, an active part of that chain. In the same way as
17 they are responsible for the deaths of their of animals,
18 because they appear in their products, even though they do
19 not kill them themselves or even make the burgers
20 themselves.
21
22 So, just in case that was not clear, that Ms. Steel
23 was dealing with a question specifically from Mr. Rampton
24 about ownership of land, which is not part of our case.
25 But she had to deal with that question.
26
27 As far as myself is concerned, I do not believe I have
28 a case to answer on publication, on malice or on the
29 counterclaim. And I do not believe there is any evidence
30 on any of those matters which I need to deal with. But I
31 would like to get some advice, having heard all the
32 evidence on publication witnesses, I would like to get some
33 advice. I don't know if I have got much time left today
34 now before saying yes or no definitely, but my indication
35 at the moment is that I do not need to go into the witness
36 box, and I do not want to go into the witness box for that
37 reason.
38
39 MR. JUSTICE BELL: Well, it is entirely a matter for you.
40
41 MR. MORRIS: I am not asking for advice from the court. I am
42 just saying I need some to see if I can get some advice on
43 that having heard all the evidence.
44
45 MR. JUSTICE BELL: But I must ask you in the morning whether you
46 are going to give evidence or not.
47
48 MR. MORRIS: Yes, I understand that.
49
50 MR. JUSTICE BELL: All I will say is it is entirely a matter for
51 you, and you are very conscious of the fact I have been
52 careful throughout, whenever there has been a question of
53 whether you should give evidence, not to make an assumption
54 one way or the other in case you thought that I would draw
55 any particular conclusion from a decision, one way or the
56 other. What you have to be aware of is that if you form
57 the judgment in your own mind that there is not a
58 sufficient case of publication or of malice, or whatever
59 else against you, if you find at some stage, either when we
60 are discussing the matter during submissions, that I might
