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.

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