Day 246 - 09 May 96 - Page 31


     
     1        argument.
     2
     3   MR. MORRIS:  OK.
     4
     5   MR. JUSTICE BELL:  Ask a question.  I am not interested while
     6        you are questioning a witness what you accept or you do
     7        not, save in so far as it removes an issue from the case,
     8        which I do not think you are intending to do.
     9
    10   MR. MORRIS:  The point is that McDonald's, who issued these
    11        defamatory leaflets and press statements, were aware, you
    12        would accept obviously, that the Defendants had 70
    13        witnesses lined up to appear in court to defend these
    14        issues.  Were you not aware of that?
    15        A.  I was aware of that.  Equally I was aware that I have
    16        people both within and outside the Company who make it
    17        their life to know what we do or do not do in tropical
    18        rainforest areas,
    19
    20   Q.   Yes, and you were aware that, for example, the Defendants'
    21        case about, for example, what had been said to the BBC,
    22        which I think we quoted on Tuesday, one of what we call
    23        "lies" that McDonald's have written to the BBC, saying
    24        that they had never used any ex-rainforest land and we had
    25        evidence to the contrary on that from McDonald's own spokes
    26        people in Costa Rica and in the UK, so how can you rely on
    27        an apology made by the BBC 2, which we had obviously
    28        intended to counter with witnesses, to say that we must
    29        know that what was being said about McDonald's was untrue?
    30        A.  Well ----
    31
    32   Q.   There was no basis for it, was there?
    33        A.  I am sorry, I gave you my answer.  I gave it, I think,
    34        to the whole court obviously.  I gave you my opinion.  That
    35        is why I would have chosen -- I think if I wrote the
    36        leaflet, or if I wrote these words -- different words than
    37        "lies".  I think I could have made my point otherwise.
    38        But I did not write it.  The fact remains.  I do believe
    39        they are lies and I say that entirely openly. I gave you
    40        the reasons for it.
    41
    42   Q.   The other example you gave is about The Guardian who
    43        retracted an article they wrote about employment
    44        conditions?
    45        A.  Yes.
    46
    47   Q.   Which was written in part by Harriet Lamb, who was a
    48        witness for the defence who in the witness box said that
    49        she did not really agree with the apology they made.  She
    50        stood by what she wrote. 
    51 
    52   MR. JUSTICE BELL:  This is not ---- 
    53
    54   MR. MORRIS:  What I am saying is ----
    55
    56   MR. JUSTICE BELL: -- progressing the matter.  You put your point
    57        to the witness.  You have had the witness's answer and
    58        I will have to make of it what I will in due course.  If
    59        you give evidence, your turn will come to deal with these
    60        matters yourself from the point of view of what you felt or

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