Day 072 - 12 Jan 95 - Page 70


     
     1        the whole of the last part of this afternoon's discussion
     2        from the time when Mr. Morris first raised this question
     3        should be subject to a reporting restriction until this
     4        trial is finished.
     5
     6   MR. JUSTICE BELL:  On what basis?
     7
     8   MR. RAMPTON:  On the basis that there is no ground, apparently,
     9        for what was said, on the basis that it has nothing to do
    10        with the issues in the case, on the basis that if it is
    11        published in the newspaper now along the lines:  "Witnesses
    12        are afraid to give evidence for fear of the sack by
    13        McDonald's", one could see that it would do
    14        disproportionate damage to the reputation and standing of
    15        McDonald's without any factual basis whatsoever.  It would
    16        be not a fair report of the evidence given in the case.  It
    17        would be a cheap way of damaging McDonald's and I dare say
    18        that is why it was done like this.
    19
    20   MS. STEEL:  Firstly, there is some kind insinuation that we
    21        have -----
    22
    23   MR. JUSTICE BELL:  No.  I am not going to make any kind of order
    24        under the Contempt of Act or otherwise.  I have no basis,
    25        evidential or otherwise, at this stage to believe that
    26        McDonald's have put any kind of constraint on any of their
    27        employees with regard to giving evidence.  If there is a
    28        specific problem in the future, raise it with me, tell me
    29        it is in this area and then we will consider whether we
    30        ought to deal with it in chambers.
    31
    32   MR. MORRIS:  The only reason I brought it up is because I was
    33        speaking to somebody employed by McDonald's this last
    34        Monday.
    35
    36   MR. JUSTICE BELL:  Do not say anything more.
    37
    38   MR. MORRIS:  I will not say the name for obvious reasons anyway.
    39
    40   MR. JUSTICE BELL:  Do not say anything more about the
    41        circumstances.  If you want to raise it in the future we
    42        will deal with it in chambers.  I do not think it right to
    43        make any order about publicity at this moment.
    44
    45   MR. RAMPTON:  No, my Lord.
    46
    47   MS. STEEL:  Can I just say for the record as well that we did
    48        not know that the journalist from the Independent was going
    49        to be turning up this afternoon.
    50 
    51   MR. RAMPTON:  I only observe that it is the first time that he 
    52        has been here for about six months. 
    53
    54   MR. JUSTICE BELL:   Don't you worry.  I am not going to draw any
    55        inference against you or your thoroughly estimable
    56        newspaper.
    57
    58   MR. RAMPTON:  So long as it has been noted, I hope, by the sole
    59        member of the press that is here that your Lordship has
    60        said that these allegations by Mr. Morris have no

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