Day 288 - 28 Oct 96 - Page 22
1 other incidents, unquote. And then you go on, incidents
2 other than the ones which are specifically set out in this
3 leaflet such as cutting throats while unconscious.
4
5 And then reading again, quote, which are relevant to prove
6 the truth of the inferential meaning, unquote. And then
7 you say, rightly or wrongly I had assumed that that is why
8 there was being and could be no objection to you using
9 evidence whether by cross-examination or calling it of your
10 own initiative about the treatment of animals, whether at
11 the rearing stage or the slaughter stage, which are not
12 matters which are portrayed in the leaflet but you say you
13 are entitled to adduce in evidence to support of your
14 contention that McDonald's are utterly indifferent to
15 animals. It is a bit confusing, it was not our contention
16 ----
17
18 MR. JUSTICE BELL: I do not think there is anything there which
19 is different to what -----
20
21 MS. STEEL: Okay.
22
23 MR. JUSTICE BELL: ---- appears is common ground now.
24
25 MS. STEEL: Okay. I mean, effectively, as we have argued
26 before, whether or not the Plaintiffs are indifferent to
27 the welfare of the animals is or could be irrelevant
28 really, the point being that the question which the leaflet
29 is dealing with and which we have to deal with is are the
30 animals suffering to an extent where people would be
31 entitled to say that it was torture for them whether or not
32 there is the state of mind which the Plaintiffs are trying
33 to impute into the meaning.
34
35 And obviously we consider that there has been ample
36 evidence to justify saying that effectively the animals do
37 feel as if they were being tortured or do feel, if they
38 could express it themselves, they would express it as
39 torture.
40
41 MR. JUSTICE BELL: Yes. Do not forget that it has to be a
42 defamatory comment or defamatory statement of fact.
43
44 MS. STEEL: Yes. Obviously the defamatory part is that
45 McDonald's are responsible because they are creating the
46 demand and profiting from it.
47
48 MR. JUSTICE BELL: Yes.
49
50 MS. STEEL: We say that in our view all the facts in the
51 leaflet are proved, have been proved through the evidence
52 given in court, and I am going to go into more detail about
53 that later, but that certainly the sting has been proved,
54 be it the meaning that we assert or the meaning that the
55 Plaintiffs assert.
56
57 I mean, in our view anyone who locks animals inside for
58 their entire lives with no access to the open air or to
59 sunshine and with no freedom of movement, or anybody who
60 has that done to animals on their behalf, i.e. McDonald's,
