Day 005 - 04 Jul 94 - Page 02
1 4th July, 1994.
Mr. Preston recalled.
2 Cross-Examined by the defendants.
3 MR. MORRIS: Just one matter before we start cross-examination,
was that Mr. Rampton said last week that a copy of the
4 London Greenpeace fact sheet had been given to somebody in
the court and he was going to make some reliance on that.
5 We have been advised that the document is privileged once
it has been read out in court and it can go to members of
6 the press. Obviously we want to do it for their
understanding of the issues and proper reporting.
So can we just clarify that that is the case, so if we
8 wish to we can give it to members of the press that are in
MR. JUSTICE BELL: What do you say the position is,
10 Mr. Rampton?
11 MR. RAMPTON: There is no doubt that my learned friend, the
press or anyone else who is in court is entitled to know
12 what the words complained of are in the action. The event
to which I take exception -- I am not suggesting any kind
13 of contempt of court or anything similar, but merely that
it fuels what we say in relation to the injunction in
14 relation to malice and the defence to counterclaim; that
distribution to passing tourists who take the thing out of
15 court to read at their leisure perhaps in their hotel room
is something I am entitled to rely on -- that is all.
MR. JUSTICE BELL: Yes. I do not think it is suggested that
17 you are in contempt of court. If it is established that
you did take a part in the publication of the leaflet and
18 if it is established that it is defamatory and your claim
of justification or of fair comment were to fail, then
19 Mr. Rampton, as you know, on behalf of McDonald's will ask
me to make an order next forbidding any further
20 publication of it.
21 What he, as I understand it, is suggesting that if you are
seen to be handing it out for people to take away from the
22 court, then that could be taken evidence of a wish further
to publicise it.
MR. MORRIS: Yes. I just want to clarify the situation. We
24 are entitled to give it out to people inside the court or
just the press? What is the situation?
MR. JUSTICE BELL: You must really make your own mind up. What
26 I suggest you do is talk -- you do not actually have a
McKenzie friend here?
MR. MORRIS: No.
MR. JUSTICE BELL: It is entirely a matter for you. You have a
29 Legal advice on occasion available to you. I would take
Legal advise. I am quite happy to help you about the
30 mechanics of the hearing and give you advice on that.
What I feel uneasy about is giving you advice as if you