Day 292 - 01 Nov 96 - Page 34
1 context of this press release, it is a lie to say that they
2 use large volumes of paper/packaging without concern for
3 the environment, and it is a lie that their packaging
4 damages the ozone layer.
5
6 We obviously have demonstrated that they are not lies, and
7 furthermore that McDonald's have not proved that they are,
8 and McDonald's have the burden of proof to prove that they
9 are, short of finding some legal tactic of avoiding dealing
10 with the issues.
11
12 Obviously, on the counterclaim we do not feel they can use
13 the privileged self-defence issue because they have already
14 admitted they have no example of me and Helen handing out
15 the fact sheet of any kind since before the writs were
16 served, at least. The last example of distribution they
17 had before the beginning of the trial was what their own
18 agents had admitted distributing.
19
20 I am just trying to think if there is anything else on
21 overall context. (Pause)
22
23 While I am on the kind of overall context, I might as well
24 deal with, in the Statement of Claim, point D. I mean,
25 this section in parentheses.
26
27 MR. JUSTICE BELL: Just explain to me what you are doing. You
28 have given an overview.
29
30 MR. MORRIS: Well, yes, I suppose so. You mean in terms of
31 what I have just gone through extensively?
32
33 MR. JUSTICE BELL: Yes, the structure of your submissions.
34
35 MR. MORRIS: Yes, I have kind of branched out into a different
36 method really.
37
38 MR. JUSTICE BELL: I have divided them up into heads. You
39 started with meaning and some general matters. You have
40 dealt with them. Then you gave me an overview of
41 deceptions, an overview of CFCs and other gases, an
42 overview of forests, and an overview of environment/index.html">litter.
43
44 MR. MORRIS: Yes. They are not always so cleanly separated
45 when you deal with the evidence.
46
47 MR. JUSTICE BELL: No, they are not. What are you going to go
48 on to now? Are you going to go on to make references to
49 some parts of the evidence?
50
51 MR. MORRIS: I was going to, yes. Mainly the European
52 situation, but I was kind of thinking aloud about the
53 meaning.
54
55 MR. JUSTICE BELL: Yes.
56
57 MR. MORRIS: I have not prepared anything on meaning, but we
58 have already said, anyway, when I dealt with the rainforest
59 meaning, that this section in parentheses is clearly
60 separate to the rest of the first page and the rainforests,
