Day 147 - 04 Jul 95 - Page 13


     
     1        there are restrictions upon telling the outside world what
     2        has happened in chambers, but not on honest reporting of
     3        what has happened in open court.  So, unless Mr. Rampton
     4        wishes to address me on it, I propose to say that what
     5        happened in chambers yesterday should be deemed for any
     6        reporting purposes to have been said in open court.
     7
     8   MR. RAMPTON:  My Lord, I do not disagree with that at all, but
     9        I do pick up and stress your Lordship words "honest"
    10        reporting.
    11
    12   MR. JUSTICE BELL:  We are in just the same position, so far as
    13        any reporting of the proceedings are concerned, as if we
    14        were in open court yesterday.
    15
    16   MS. STEEL:   Before I go into any detail, I just wanted to raise
    17        a couple of things that Mr. Rampton said yesterday, which
    18        was, firstly, that we did not respond to their letter about
    19        transcripts of 10th March, 1995, and also -- well, just to
    20        say that, we did respond, because it was brought up in
    21        court and we presented our position at that time.
    22
    23        The other thing was that Mr. Rampton made mention again
    24        yesterday of a file containing costs of transcripts, which
    25        were on recycled paper, saying "Return to McLibel Two".
    26        I do remember dealing with that on a previous occasion as
    27        well.  I do not know that it actually said "Return to
    28        McLibel Two", but there was a file or a few files saying
    29        "Return to the McLibel Defendants".  As we said on a
    30        previous occasion, they were copies of transcripts which we
    31        had been giving to legal advisers to check through them for
    32        legal advice.  I think it was recognised that that was
    33        perfectly justifiable and allowed at that time.
    34
    35        I do repeat what I said yesterday, that we have not
    36        distributed copies of the transcripts other than to legal
    37        advisers and witnesses.
    38
    39        As far as the complaint about reporting of statements made
    40        during the court proceedings go, as I said yesterday, if
    41        the statements are inaccurate then they cannot have been
    42        taken from the transcripts; and if they are accurate, then
    43        what is Mr. Rampton complaining about?  These are public
    44        proceedings and there is no reason why statements made in
    45        court should not be reported to the public, to reach a
    46        wider audience than that which is able to actually
    47        physically attend the proceedings.
    48
    49        We consider that this is just a thinly veiled attempt by
    50        Mr. Rampton and McDonald's to deter reporting of this case; 
    51        and, also, it is an attempt to make our lives even more 
    52        difficult in our conducting this case because, obviously, 
    53        if we have not got transcripts, then preparation and so on
    54        is going to be much more complicated.
    55
    56        You asked us to address you on the subject of whether or
    57        not you should receive copies of the transcripts if we are
    58        not getting them.  We believe that if we are denied copies
    59        of the transcripts, it would be wrong for you to get a
    60        copy, since we are not going to be able to see the

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