Day 083 - 06 Feb 95 - Page 03
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2 MS. STEEL: To be honest, I have drafted something but it
3 really is just like a draft and I had not even discussed it
4 with Dave.
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6 MR. JUSTICE BELL: Do not worry about that. I need to know what
7 you say your case would be against McDonald's in relation
8 to BSE.
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10 MS. STEEL: Basically, that they sell various products made
11 from beef which may be contaminated with BSE and which may,
12 therefore, risk serious damage to human health. But,
13 obviously, we consider that this is under the food
14 poisoning issue in any event, if that was to be a
15 subheading of that.
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17 MR. JUSTICE BELL: Yes. What do you want to say about that?
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19 MS. STEEL: Although BSE is not specifically mentioned in the
20 Fact Sheet, it is referable to some of the defamatory
21 statements alleged by the Plaintiffs. It is referable to
22 the section on food poisoning in general and also to the
23 section of the leaflet stating the food is at best mediocre
24 and at worst poisonous. Clearly, if it is transmittable to
25 humans, as Mr. Dealer would give in evidence, it must, in
26 effect, be a poison.
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28 I think it is much the same as the diabetics and CFCs that
29 have come into issue in this case; although they are not
30 mentioned in the Fact Sheet, it has been accepted that
31 should we be able to prove that diabetes is linked to diet,
32 that specific type of diet, then it would be open to us to
33 argue that that is equally as damning to the Plaintiffs as
34 the cancer and heart disease and the other illnesses. It
35 has been recognised that they are relevant because they
36 have not been removed as issues from the case.
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38 MR. JUSTICE BELL: Yes. It would be wrong for you to assume
39 that I recognise that they are relevant, certainly as far
40 as diabetes is concerned. I appreciate there was some
41 reference to other illnesses in your plea of justification,
42 but it may well be one of the matters you will have to
43 address me on at the end of case as to whether diabetes
44 does have anything to do with the leaflet.
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46 MS. STEEL: Mr. Rampton -----
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48 MR. JUSTICE BELL: Concentrate on BSE.
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50 MS. STEEL: Mr. Rampton was quite happy for diabetes to become
51 an issue. Initially, it was really only mentioned in the
52 statement of Dr. Barnard, but Mr. Rampton was happy for
53 that to become an issue and call a witness on that.
54 I would argue that the part of the leaflet that says that
55 the food as at worst poisonous, since it does not specify
56 how the food is poisonous, it should be open to us to
57 defend the leaflet by proving any meaning of poisonous.
58 Clearly, if Mr. Dealer is correct in what he is saying in
59 his statement, that people may suffer serious illness as a
60 result of eating beef products, it is fair to say that they
