Day 288 - 28 Oct 96 - Page 17
1 see where you were before I asked you.
2
3 MS. STEEL: Yes. The second admission made by the Plaintiffs
4 regarding torture and murder was on day 30, which is
5 October 3rd 1994, page 2 of the transcript. Where
6 Mr. Rampton was referring to the fact that the Plaintiffs
7 were applying to amend their Statement of Claim with regard
8 to both the nutrition section of the leaflet and the animal
9 section of the leaflet, and on page 2, line 43, Mr. Rampton
10 says - and this is about the new, amended meaning, L, on
11 animal welfare: "All we have tried to do there is to
12 follow more closely both what we see as being advice of the
13 pamphlet and what we see as being our room for complaint.
14 We have conceded, as your Lordship will remember, in
15 opening that it is obviously a matter of opinion whether
16 the slaughter of animals for human consumption might be
17 regarded as inhumane or might be properly or fairly be
18 called torture..." and so on and so forth. That is a
19 reference to the word 'torture', not 'murder'.
20
21 Then he says, "What we are concerned about are the
22 mis-descriptions, as we see them, of fact that the leaflet
23 contains. That is what that is intended to reflect." And
24 he is referring there to the changes in the Statement of
25 Claim where McDonald's crossed out the words that were
26 originally pleaded, 'are responsible for the inhumane
27 torture and murder of cattle chickens and pigs' and
28 replaced them with the phrase 'are utterly indifferent'.
29 We say that clearly that is an indication that we are
30 entitled to the view that the animals are being tortured
31 and murdered.
32
33 He does say on page, day 52, page 11, line 45 - and again
34 he is talking about the proposed amendment to 4L: "What we
35 propose by the proposed amendment to 4L is to, as it were,
36 shake out of the existing pleaded meaning those elements of
37 it which are arguably or probably expressions of opinion
38 rather than statements of fact. To confine our complaint
39 in relation to the treatment of animals to those statements
40 of fact in the leaflet which we say are false as well as
41 being defamatory". (Pause).
42
43 MR. JUSTICE BELL: Sit down for a moment. I will not rise, but
44 just sit down and collect your thoughts for a minute or
45 two. (Pause)
46
47 MS. STEEL: We do not consider that 'utterly indifferent' is
48 the meaning of this section of the fact sheet. However, as
49 I said, we do think that McDonald's are utterly indifferent
50 to the welfare of the animals reared to be turned into
51 their product and we are entitled to try to justify their
52 meaning, even if it is higher than our own. I cannot
53 remember the legal reference, or the legal authority, for
54 that, but if it is challenged then I can dig it out.
55
56 MR JUSTICE BELL: I think probably it will not be.
57
58 MS. STEEL: I do remember it coming up in the nutrition
59 section.
60
