Day 253 - 21 May 96 - Page 36
1 so in open court?
2
3 MR. RAMPTON: Yes. I mean, I do not require an additional
4 formal pleading. It is not the Defendants' fault in the
5 very slightest but the questions directed to Mr. Preston
6 about his state of mind, since he accepts responsibility
7 for the leaflets, the hand-outs complained of, are
8 perfectly proper and in order, but questions about other
9 people's state of mind, or possibilities about other
10 people's state of mind, have no place in that. The burden
11 being on the Defendants to establish malice on the balance
12 of probability, they have to identify, and to your
13 Lordship's satisfaction, who they say, and they have to
14 prove it, were the malicious people within McDonald's who
15 were responsible for these publications. It is as simple
16 as that, really.
17
18 MR. JUSTICE BELL: What I suggest you do is just say now who you
19 say they are.
20
21 MS. STEEL: OK. Well, Paul Preston obviously, Mike Love, Edi
22 Bensilum.
23
24 MR. JUSTICE BELL: I am writing them down, yes.
25
26 MS. STEEL: Where did you get to, sorry?
27
28 MR. JUSTICE BELL: Miss Bensilum.
29
30 MS. STEEL: Sid Nicholson. That is basically the names we can
31 see on those documents. If anyone else -- Well, I have
32 not really discussed this with Dave, this was something
33 I thought of that ought to be raised, so if there is anyone
34 else then I will bring it up as soon as possible.
35
36 MR. JUSTICE BELL: I think if you see anyone else in your sights
37 you should say so, just as soon as they appear over the
38 horizon.
39
40 MS. STEEL: OK.
41
42 MR. JUSTICE BELL: It does not surprise me to hear those four.
43 If there is someone, and I would have thought they were the
44 four it might be anticipated you would mention, or any
45 number of them, but if there are any others you must say so
46 as soon as possible because they might be less apparent.
47
48 MS. STEEL: OK.
49
50 MR. JUSTICE BELL: If I come back to Miss Brophy and her
51 subpoena, what I will do when I rise I will ask Mr. Riley
52 just to lend you volume 1 of my White Book, and you can
53 have volume 2 if you want. Despite what you have said,
54 Miss Brophy would prefer to be given a date, would she,
55 when it is expected that she will come along?
56
57 MS. STEEL: I talked to her about the date we have put her down
58 for, 20th, I think it is, of June, but she just said that
59 because she is concerned about looking after her children
60 and taking time off it might cause a problem unless she is
