Day 249 - 14 May 96 - Page 55
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2 MS. STEEL: It is a point we are entitled to test his evidence.
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4 MR. JUSTICE BELL: I would rather you did not test it just by
5 asking what happened there, so he goes through it all
6 again. It just takes a very long time to do it and there
7 are more efficient ways of doing it, I feel.
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9 MS. STEEL: Can I say in relation to the other point about the
10 malice thing, which is that it is my understanding that
11 when the Body Shop sued Channel 4, Channel 4 lost the case
12 because of malice. So this business about corporations not
13 having malicious ------
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15 MR. JUSTICE BELL: Wait, please, Mr. Rampton.
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17 MR. RAMPTON: I am sorry, I was in the case, my Lord, and again
18 it is ------
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20 MR. JUSTICE BELL: We need concern ourselves with it during the
21 cross-examination of Mr. Nicholson, because I am not
22 stopping you asking Mr. Nicholson about that. I only
23 mentioned it as a possible head where I could see that you
24 might want to mention it, though I do not know whether you
25 are sweeping Mr. Nicholson into that.
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27 MR. MORRIS: Obviously, the Company representatives who were
28 involved with this counterclaim or general case who we will
29 say are motivated by malice would come under the heading
30 that Mr. Rampton said anyway. So I do not see there is a
31 problem whatsoever.
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33 MR. JUSTICE BELL: I have said you need not argue that at this
34 stage. You can ask questions about it. All I am trying to
35 do because you may say, "Oh, no, there are other matters
36 I want to concentrate on with Mr. Nicholson". There is
37 obviously what Ms. Steel did or did not do on the 16th
38 October, 1989. There is the extent to which you want to
39 argue that McDonald's were countenancing publication of the
40 leaflet, and it occurred to me as a third that if you were
41 going to allege that executives of the Second Plaintiff,
42 who are sufficiently near the nerve centre of the Second
43 Plaintiff, to be identified as the Second Plaintiff so far
44 as motivation is concerned were activated by malice, I
45 would wait and hear whether you put questions in relation
46 to that to Mr. Nicholson. But those seem to me to be the
47 three Indian clubs which are in the air.
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49 MS. STEEL: OK. You told us that three people from the
50 Company, from McDonald's, attended the London Greenpeace
51 anti-McDonald's fayre on the Saturday, 29th October 1988;
52 who were those three people?
53 A. They did not attend together.
54
55 Q. But who were they?
56 A. Tony Roots.
57
58 Q. Who is?
59 A. Security.
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