Day 147 - 04 Jul 95 - Page 09
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2 MR. JUSTICE BELL: That is not even an application, though, is
3 it, because you were merely mentioning, really as a matter
4 of courtesy, so that I had the opportunity to say anything
5 if I wished to do so, what your clients were minded to do.
6 In so far as that has any status at all, that was the full
7 extent of it.
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9 MR. RAMPTON: So, too, my Lord, when I drew that document to
10 your Lordship's attention the other day that the Defendants
11 have been distributing outside court. I was not asking for
12 any order. I was not making an application. I was anxious
13 that your Lordship should see it and know that it was
14 false, in case it coloured your Lordship's view of
15 McDonald's conduct. There, again, I asked your Lordship to
16 sit in chambers. I could just have easily have done it in
17 open court, in front of the press and the public, and
18 thrown mud pies at the Defendants for all to see. I chose
19 not to do so. That is why I have done it in this case in
20 relation to the transcripts.
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22 My Lord, Mr. Atkinson (who has a much better technical mind
23 than I) reminds me, in case it should be important -- but
24 I am not sure it is -- that a voir dire is different
25 essentially, because it is of course a trial within a trial
26 where evidence is given, and the public has a right to hear
27 it. On these applications, there are not even any
28 affidavits, so there is no evidence to be heard before the
29 court; it is merely a question of argument and allegations
30 could be made -- well, allegations not only could be made,
31 but will be made, I have absolutely no doubt -- which are
32 unsupported by any evidence. That is really what I am
33 anxious to avoid.
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35 If I am right about what the Defendants have been doing
36 with the transcript and other matters in this case in order
37 to try and exploit public opinion, it is something I would
38 much rather avoid their having the opportunity of doing
39 wherever possible. I do not presently understand why
40 questions of discovery and further and better particulars
41 motivate the Defendants to talk about "public rights" and
42 "free speech".
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44 MS. STEEL: Before I go into an answer, into that, I just
45 wanted to raise one thing about the press statement which
46 Mr. Rampton mentioned in court. He has just said that he
47 was anxious for you to see it and know it was false. You
48 do not know that it is false; you only know that it is
49 their opinion that it is false.
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51 MR. JUSTICE BELL: I am not reaching any conclusion on that.
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53 MS. STEEL: Of course, we believe it is true. Well, we know
54 that it is true. Regarding the -----
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56 MR. JUSTICE BELL: Do you want to address me on whether these
57 are interlocutory matters, first of all, because the note
58 which Mr. Rampton referred to says that it is normal to
59 hear them in chambers, and that is my experience, although,
60 if the matter is thought to have some public importance,
