Day 310 - 04 Dec 96 - Page 28
1
2 MR. RAMPTON: That is absolutely right.
3
4 MR. JUSTICE BELL: If they are comment, they are based on
5 alleged destruction of the rainforest?
6
7 MR. RAMPTON: On a vast scale.
8
9 MR. JUSTICE BELL: Sorry?
10
11 MR. RAMPTON: On a vast scale.
12
13 MR. JUSTICE BELL: Yes.
14
15 MR. RAMPTON: If the true facts had been put before the reader
16 then he would see at once, if they are comments, that they
17 are unfair comments?
18
19 MR. JUSTICE BELL: Yes. The next matter was at the top of
20 page 4 of your legal submissions.
21
22 MR. RAMPTON: Yes, my Lord.
23
24 MR JUSTICE BELL: "Where the words contain a general charge the
25 defendant may rely on facts which occur after the date of
26 publication if they occur within a reasonable time after
27 the publication of the words."
28
29 MR. RAMPTON: That only means, it is a shorthand way of saying,
30 I believe -- in fact, most of the credit for this
31 submission belongs to Mr Atkinson, it is fair to say. But
32 what it means, I believe, is that if they occur a very
33 considerable time after publication they hardly have any
34 probative value.
35
36 MR. JUSTICE BELL: If that is what it is, then I don't need to
37 ask you any more. The question is whether they go to show
38 the existence of the truth of the matters which are stated;
39 whether, for instance, they would go to show an alleged
40 tendency which might have some probative value.
41
42 MR. RAMPTON: Exactly.
43
44 MR. JUSTICE BELL: It may be said the further away you get in
45 time the less strength they have. But that is all it
46 involves is it not?
47
48 MR. RAMPTON: Yes, it is very simple; the rules are not nearly
49 so strict. It is similar to similar fact evidence in a
50 criminal case, it is that sort of problem. The same is
51 true of malice. Acts and words done or said following
52 publication may be probative of a motive existing at the
53 time of publication. But once again the thread gets a bit
54 tenuous if you get a long way away. There is no magic in
55 it at all.
56
57 MR. JUSTICE BELL: There is no straightforward rule that it
58 must be soon after or anything of that kind?
59
60 MR. RAMPTON: No, it is entirely a matter for the tribunal of
