Day 112 - 31 Mar 95 - Page 46


     
     1
     2   MR. JUSTICE BELL:  If I thought there was, to put it no higher,
     3        a prime facie case of publication, then the matter would
     4        not be shortened at all.  That would be neither here nor
     5        there at that stage because I have not heard Mrs. Steel and
     6        Mr. Morris if they chose to give evidence or any other
     7        evidence from their witnesses in relation to publication.
     8
     9   MR. RAMPTON:  Looked at as a matter of reality, if your Lordship
    10        has read the Plaintiffs' witness statements about
    11        publication, it is not realistic to suppose that your
    12        Lordship would come to the conclusion that there is no
    13        prime facie case unless all eight witnesses put their hands
    14        up and said:  "No, we are lying" or "We are mistaken", but
    15        that is not a realistic prospect.
    16
    17   MR. JUSTICE BELL:  I do not think you need say more about that.
    18        It was merely a possibility I raised.
    19
    20   MS. STEEL:  We want to say something, which is that it has twice
    21        been said now by Mr. Rampton that they decided to have
    22        publication at the end of this case for other benefit.
    23        Now, personally I do not believe for one moment they spend
    24        however much it is, 1 or 2 million on doing something for
    25        our benefit.  I think they ought to say what their real
    26        reasons are for wanting publication last.
    27
    28        The other thing is that if there was not a prime facie case
    29        on the fact sheet that is the subject of the libel action,
    30        of course, if it was just down to deciding the issues
    31        relating to the counterclaim, the Plaintiffs would have to
    32        plead their case properly about what specifically they say
    33        are the false allegations in the leaflets that have been
    34        distributed since the writs were served that are not the
    35        subject of the original action.
    36
    37   MR. JUSTICE BELL:  Are you suggesting that we should hear all
    38        the evidence which would include your own on publication
    39        earlier, or you are you just answering the points which
    40        Mr. Rampton has made?
    41
    42   MS. STEEL:   We do not really know.  I was just answering some
    43        of the points.
    44
    45   MR. JUSTICE BELL:  You do not have a stand one way or the other
    46        on it?
    47
    48   MR. MORRIS:  No.  It is a matter for yourself.
    49
    50   MS. STEEL:  It is just this concern that it is not -- we do not 
    51        accept it was done for our benefit. 
    52 
    53   MR. MORRIS:  In fact we think it was done for the Plaintiffs'
    54        benefit.
    55
    56   MR. JUSTICE BELL:  I am content not to interfere with your
    57        judgment, Mr. Rampton.
    58
    59   MR. RAMPTON:  I am obliged, my Lord.
    60

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