Day 070 - 20 Dec 94 - Page 39


     
     1        the leaflet is untrue."  That is the first part of it.
     2        Therefore, if they are saying what is in the leaflet is
     3        untrue, it is up to them to prove that it is untrue.
     4
     5   MR. RAMPTON:  I did not say just that.
     6
     7   MS. STEEL:  It is page 35, line 9.  You carried on.  But that
     8        was a statement that Mr. Rampton made.  Clearly, that is an
     9        indication that they are arguing that the leaflets that are
    10        being handed out are untrue.  So they should have to prove
    11        that that is the case.
    12
    13   MR. RAMPTON:  I am sorry -----
    14
    15   MR. JUSTICE BELL:  I need not trouble you on that, Mr. Rampton.
    16
    17   MR. RAMPTON:  It is such a misconception.
    18
    19   MR. JUSTICE BELL:  I will again give a short ruling, because
    20        I find it more convenient to deal with it item by item,
    21        rather than in one longer judgment at the end of the day.
    22
    23                  (See separate transcript for ruling)
    24
    25   MR. RAMPTON:  My Lord, with respect, I accept that.  May I
    26        just add this rider:  your Lordship will recall that it was
    27        reported in the paper this morning that a person had been
    28        jailed for 14 years for offences committed in pursuance of
    29        his commitment (or supposed commitment) to animal rights.
    30        It included criminal damage, violence of various kinds,
    31        bombings, and so on and so forth.  When I was examining
    32        Dr. Gregory in chief, I said this to him:
    33
    34        "Dr. Gregory, I have not asked you to name establishment
    35        B" -- and Ms. Steel is quite right, there was a second
    36        establishment.  "The reason is that, as you have been
    37        aware, there has been a certain amount of publicity about
    38        criminal attacks on various establishments, including
    39        slaughterhouses, recently.  Unless his Lordship wishes to
    40        have the name of the second establishment, I am not going
    41        to ask you to do so.  Do you understand?"
    42
    43        He said:  "Yes, I understand."
    44
    45        At that point, your Lordship said nothing, understandably.
    46        All I would say is this:  I understand why your Lordship
    47        has made the ruling you now have; and we will disclose the
    48        identity of establishment B, but I would ask that there be
    49        the most stringent and explicit condition of
    50        confidentiality about it, except in so far as the identity 
    51        of the establishment becomes relevant as a matter of 
    52        evidence in court before your Lordship. 
    53
    54        I say that against this background:  as your Lordship may
    55        or may not know -- and if I have to prove it in due course
    56        I will do so, and it is very likely that this will be
    57        something I shall raise in cross-examination of the
    58        Defendants -- the proceedings in this court, quite plainly,
    59        by use (or, as we would say, abuse) of the facility of
    60        transcripts which we have provided for the Defendants, have

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