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

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