Day 307 - 27 Nov 96 - Page 45


     
     1        seek, in effect, is a declaration by a judge at the High
     2        Court in England that the allegations complained of are
     3        false, why they are false and they should not be repeated."
     4
     5
     6        Then he goes on, and I have not got the next page, but he
     7        says:  "By that means, these Plaintiffs hope that, once and
     8        for all, the media and the public who properly depend upon
     9        the media", and he goes on, presumably saying any
    10        defamatory criticisms that are being made up to that point
    11        would be dealt with through this case.
    12
    13        So, here we have a situation where, by their own statement,
    14        on the first day the trial, they were aware that the case
    15        would be for the purposes of addressing criticisms made
    16        publicly through the media and that that would, basically,
    17        deal with the matter once and for all.  It is clear, first
    18        of all, we would say, that the privileged self-defence
    19        waiver was inappropriate and unnecessary, and it is just a
    20        line that has been dreamed up to defend what is not
    21        defensible.
    22
    23        If I can add, the next point is -- I do not know if we want
    24        to have the five minute break today.  I am happy to carry
    25        on.
    26
    27   MR. JUSTICE BELL:   You pick your moment.  We can have it now,
    28        as you have stopped.
    29
    30                         (Short Adjournment)
    31
    32   MR. JUSTICE BELL:   Could I just say one thing, Mr. Morris?
    33        From time to time you refer to 'when we do our legal
    34        submissions'.  I am allowing for the prospect that when you
    35        have heard what Mr. Rampton says you may want to respond to
    36        them, and I have said I will consider that and hear what
    37        you want to say on legal matters, but Mr. Rampton's
    38        submissions on at least the main points of law -- which,
    39        I have to say, have been a great help to me -- have been
    40        available since late September.
    41
    42   MS. STEEL:   Well, we actually got them one week before we were
    43        due to start our closing speeches.
    44
    45   MR. MORRIS:   We have been in court virtually every day since.
    46
    47   MR JUSTICE BELL:   Maybe I am wrong, maybe it was early
    48        October.  They have certainly been available for several
    49        weeks.  You indicated quite candidly that you have people
    50        helping you on legal submissions, I would like you at some 
    51        stage to tell me what your proposals are, because you are 
    52        just not going to have time within the schedule I have got 
    53        in mind to spend days producing your argument on legal
    54        matters if it does take substantial issue with what
    55        Mr. Rampton says the law is.  I understand as you are going
    56        along you say that this is not a privileged occasion, and
    57        that issue is an issue of law in the sense that if the case
    58        is being tried by a judge and jury in which the judge
    59        decides matters of law and the jury decide matters of fact,
    60        then the judge decides whether it is privileged occasion

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