Day 246 - 09 May 96 - Page 08


     
     1   Q.   Mr. Preston, there were five defendants that you served
     2        writs on for exactly the same 16 different issues or points
     3        which you brought the action over, and when those 3 people
     4        reluctantly apologised in court, you put out a press
     5        release trumpeting that?
     6        A.  After the fact, yes, not before.
     7
     8   Q.   Yes, but it was before the start of ----
     9        A.  Ms. Steel ----
    10
    11   Q.   -- an action for exactly the same issues?
    12        A.  No.  Ms. Steel, this was a matter ----
    13
    14   Q.   With myself and Mr. Morris?
    15        A.  Once these people had done what was done in open court,
    16        this is a matter of public record.  We are talking about
    17        two totally separate, distinct issues here.
    18
    19   Q.   Your aim in putting out a press release after those 3
    20        people had reluctantly apologised was to try and convince
    21        the media and the public that myself and Mr. Morris had no
    22        case; is not that right?
    23        A.  No.  By putting out a press release it was merely to
    24        report what happened in the face of inquiries, pre-empt a
    25        few of those inquiries hopefully.
    26
    27   Q.   Nobody knew about it, did they?
    28        A.  Well, it is a matter of public record if it happened in
    29        a courtroom.
    30
    31   Q.   It might have been a matter of public record if someone had
    32        happened to be in the court on that day.
    33
    34   MR. JUSTICE BELL:  Where are we actually going on this?  I am
    35        not interested in any of the press releases or how any
    36        party in the case is approached by the media, save in so
    37        far as it helps me to an issue.
    38
    39   MS. STEEL:   Right.
    40
    41   MR. JUSTICE BELL:  If it helps me on whether the press releases
    42        you complain of were defamatory or whether there was some
    43        qualified privilege for them, or something like that, then
    44        I can see that motivation may go to that and then it is
    45        relevant, but it may surprise you, I do not think it
    46        probably will, I really am not interested in the
    47        relationships of any party in this case with the media.
    48
    49   MS. STEEL:   Right.
    50 
    51   MR. JUSTICE BELL:  Save in so far as I can see that it does bear 
    52        upon an issue such as that. 
    53
    54   MS. STEEL:   The only reason I was bringing it up was because
    55        they said they had only responded to McLibel Support
    56        Campaign media.
    57
    58   MR. JUSTICE BELL:  Very well, but you have put that point.  The
    59        other thing I would suggest is when we have clearly got an
    60        issue between what you are putting and Mr. Preston's

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