Day 283 - 21 Oct 96 - Page 36
1 MR. MORRIS: Yes.
2
3 MR. JUSTICE BELL: Provided you think you are making reasonable
4 progress according to your own schedule, we can break off
5 around 4 o'clock rather than going on to half past 4, as we
6 did when we were hearing evidence. I would like you to
7 keep going each day to about then, but you know better than
8 I do what progress you are hoping to make so far as topics
9 to be covered and the time you have got is concerned. So I
10 am in your hands.
11
12 MR. MORRIS: It is a lot to assimilate. It is really a
13 question of preparing in sufficient time. When you do that
14 you go a little bit adrift.
15 MR JUSTICE BELL: However that may be, I will come back at ten
16 to three.
17 (Short Adjournment)
18
19 MR. MORRIS: If I can just say, bundle 1, one last thing on the
20 counterclaim material the plaintiffs produced. The
21 leaflets, press releases, in particular the press releases,
22 and the leaflets, included things that were not true and
23 that we contend it is obvious that McDonald's knew were not
24 true, and yet despite the very extensive drafting process
25 they were left in, and it can only be concluded they were
26 left in because they were damaging to the defendants'
27 credibility even though the plaintiffs knew they were
28 untrue. And no doubt - well, we know that, for example, no
29 letters were sent either to the defendants or to London
30 Greenpeace about the fact sheets as far as all the evidence
31 in this case is concerned prior to the service of the
32 writs, and yet that is something that McDonald's have
33 stated in that material and since even, since it was
34 admitted by McDonald's own witnesses in the witness box
35 that they had no evidence that it was done, and in fact all
36 the evidence was that it had not been done, and it is still
37 circulating those press releases now.
38
39 So the conclusion can only be that it is malicious lying in
40 order to damage someone's reputation. I mean, on that
41 particular example, it may be thought to be, you know, what
42 is a few letters here and there? But it is a very
43 important point, that McDonald's are saying that they have
44 implied that we should know the fact sheet is untrue
45 because we have had all these letters, you know,
46 explaining, which is untrue, and this is, which is not
47 untrue, and with background material. It is there to
48 attack our credibility and for no other reason. There is
49 no other reason for it to appear in those leaflets. I am
50 going to move on from the counterclaim and I am going to
51 go, sorry, I am just having a think here. (Pause)
52
53 MR. JUSTICE BELL: If you get stuck, or want to find your
54 place, just sit down for a moment. You do not have to ask
55 me. Obviously it is in your own interests not to break it
56 up too much. But then when you are ready to go, just stand
57 up and carry on.
58
59 MR. MORRIS: I have the most atrociously complicated page of
60 notes here.
