Day 070 - 20 Dec 94 - Page 39
1 the leaflet is untrue." That is the first part of it.
2 Therefore, if they are saying what is in the leaflet is
3 untrue, it is up to them to prove that it is untrue.
4
5 MR. RAMPTON: I did not say just that.
6
7 MS. STEEL: It is page 35, line 9. You carried on. But that
8 was a statement that Mr. Rampton made. Clearly, that is an
9 indication that they are arguing that the leaflets that are
10 being handed out are untrue. So they should have to prove
11 that that is the case.
12
13 MR. RAMPTON: I am sorry -----
14
15 MR. JUSTICE BELL: I need not trouble you on that, Mr. Rampton.
16
17 MR. RAMPTON: It is such a misconception.
18
19 MR. JUSTICE BELL: I will again give a short ruling, because
20 I find it more convenient to deal with it item by item,
21 rather than in one longer judgment at the end of the day.
22
23 (See separate transcript for ruling)
24
25 MR. RAMPTON: My Lord, with respect, I accept that. May I
26 just add this rider: your Lordship will recall that it was
27 reported in the paper this morning that a person had been
28 jailed for 14 years for offences committed in pursuance of
29 his commitment (or supposed commitment) to animal rights.
30 It included criminal damage, violence of various kinds,
31 bombings, and so on and so forth. When I was examining
32 Dr. Gregory in chief, I said this to him:
33
34 "Dr. Gregory, I have not asked you to name establishment
35 B" -- and Ms. Steel is quite right, there was a second
36 establishment. "The reason is that, as you have been
37 aware, there has been a certain amount of publicity about
38 criminal attacks on various establishments, including
39 slaughterhouses, recently. Unless his Lordship wishes to
40 have the name of the second establishment, I am not going
41 to ask you to do so. Do you understand?"
42
43 He said: "Yes, I understand."
44
45 At that point, your Lordship said nothing, understandably.
46 All I would say is this: I understand why your Lordship
47 has made the ruling you now have; and we will disclose the
48 identity of establishment B, but I would ask that there be
49 the most stringent and explicit condition of
50 confidentiality about it, except in so far as the identity
51 of the establishment becomes relevant as a matter of
52 evidence in court before your Lordship.
53
54 I say that against this background: as your Lordship may
55 or may not know -- and if I have to prove it in due course
56 I will do so, and it is very likely that this will be
57 something I shall raise in cross-examination of the
58 Defendants -- the proceedings in this court, quite plainly,
59 by use (or, as we would say, abuse) of the facility of
60 transcripts which we have provided for the Defendants, have
