Day 278 - 11 Jul 96 - Page 48


     
     1        this is about really.
     2
     3   MR. JUSTICE BELL:  Yes, thank you then.  What I suggest is leave
     4        everything there, because we are going to adjourn shortly
     5        and then you can come back up and take all the files away
     6        and Mr. Riley, I hope, will put the rest away.  You need
     7        not do it now, Mr. Riley.  Yes.  What is the next step?
     8
     9   MR. MORRIS:  I wanted to say one thing before we just move on,
    10        is that just in case our case is not clear what our case is
    11        on rainforests.  Our case is that McDonald's has a direct
    12        responsibility, whether or not they own the land is an
    13        academic point, themselves or their workers with little "M"
    14        badges go around chopping down trees.  The point is it is
    15        their direct responsibility, because they are art of that
    16        chain, an active part of that chain.  In the same way as
    17        they are responsible for the deaths of their of animals,
    18        because they appear in their products, even though they do
    19        not kill them themselves or even make the burgers
    20        themselves.
    21
    22             So, just in case that was not clear, that Ms. Steel
    23        was dealing with a question specifically from Mr. Rampton
    24        about ownership of land, which is not part of our case.
    25        But she had to deal with that question.
    26
    27             As far as myself is concerned, I do not believe I have
    28        a case to answer on publication, on malice or on the
    29        counterclaim.  And I do not believe there is any evidence
    30        on any of those matters which I need to deal with.  But I
    31        would like to get some advice, having heard all the
    32        evidence on publication witnesses, I would like to get some
    33        advice.  I don't know if I have got much time left today
    34        now before saying yes or no definitely, but my indication
    35        at the moment is that I do not need to go into the witness
    36        box, and I do not want to go into the witness box for that
    37        reason.
    38
    39   MR. JUSTICE BELL:  Well, it is entirely a matter for you.
    40
    41   MR. MORRIS:  I am not asking for advice from the court.  I am
    42        just saying I need some to see if I can get some advice on
    43        that having heard all the evidence.
    44
    45   MR. JUSTICE BELL:  But I must ask you in the morning whether you
    46        are going to give evidence or not.
    47
    48   MR. MORRIS:  Yes, I understand that.
    49
    50   MR. JUSTICE BELL:  All I will say is it is entirely a matter for
    51        you, and you are very conscious of the fact I have been
    52        careful throughout, whenever there has been a question of
    53        whether you should give evidence, not to make an assumption
    54        one way or the other in case you thought that I would draw
    55        any particular conclusion from a decision, one way or the
    56        other.  What you have to be aware of is that if you form
    57        the judgment in your own mind that there is not a
    58        sufficient case of publication or of malice, or whatever
    59        else against you, if you find at some stage, either when we
    60        are discussing the matter during submissions, that I might

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