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
