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

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