Day 072 - 12 Jan 95 - Page 70
1 the whole of the last part of this afternoon's discussion
2 from the time when Mr. Morris first raised this question
3 should be subject to a reporting restriction until this
4 trial is finished.
5
6 MR. JUSTICE BELL: On what basis?
7
8 MR. RAMPTON: On the basis that there is no ground, apparently,
9 for what was said, on the basis that it has nothing to do
10 with the issues in the case, on the basis that if it is
11 published in the newspaper now along the lines: "Witnesses
12 are afraid to give evidence for fear of the sack by
13 McDonald's", one could see that it would do
14 disproportionate damage to the reputation and standing of
15 McDonald's without any factual basis whatsoever. It would
16 be not a fair report of the evidence given in the case. It
17 would be a cheap way of damaging McDonald's and I dare say
18 that is why it was done like this.
19
20 MS. STEEL: Firstly, there is some kind insinuation that we
21 have -----
22
23 MR. JUSTICE BELL: No. I am not going to make any kind of order
24 under the Contempt of Act or otherwise. I have no basis,
25 evidential or otherwise, at this stage to believe that
26 McDonald's have put any kind of constraint on any of their
27 employees with regard to giving evidence. If there is a
28 specific problem in the future, raise it with me, tell me
29 it is in this area and then we will consider whether we
30 ought to deal with it in chambers.
31
32 MR. MORRIS: The only reason I brought it up is because I was
33 speaking to somebody employed by McDonald's this last
34 Monday.
35
36 MR. JUSTICE BELL: Do not say anything more.
37
38 MR. MORRIS: I will not say the name for obvious reasons anyway.
39
40 MR. JUSTICE BELL: Do not say anything more about the
41 circumstances. If you want to raise it in the future we
42 will deal with it in chambers. I do not think it right to
43 make any order about publicity at this moment.
44
45 MR. RAMPTON: No, my Lord.
46
47 MS. STEEL: Can I just say for the record as well that we did
48 not know that the journalist from the Independent was going
49 to be turning up this afternoon.
50
51 MR. RAMPTON: I only observe that it is the first time that he
52 has been here for about six months.
53
54 MR. JUSTICE BELL: Don't you worry. I am not going to draw any
55 inference against you or your thoroughly estimable
56 newspaper.
57
58 MR. RAMPTON: So long as it has been noted, I hope, by the sole
59 member of the press that is here that your Lordship has
60 said that these allegations by Mr. Morris have no
