Day 175 - 18 Oct 95 - Page 24
1 feel the entire exercise is an attempt to inhibit our
2 witnesses when they come to the witness box and say that
3 they are going to speak the truth and the whole truth, and
4 then they are going to not be allowed to come out with the
5 whole truth.
6
7 I am aware that the Plaintiffs have a right of rebuttal for
8 something that was a new topic or a substantially new
9 incident that named somebody that might wish to rebut that
10 incident or something, although the Plaintiffs have not
11 been able to trace anybody that worked in Sutton at that
12 time, so I do not see how that would arise anyway.
13
14 But, you know, we are trying to comply with the spirit of
15 what you are indicating. The more restrictions that are
16 put on us and the more deadlines, all it will mean is that
17 the more work for us, the more inhibition for our
18 witnesses, the less the truth will come out. We are
19 completely confident that our witnesses are going to be
20 coming to give evidence and tell the truth relevant to this
21 case. We do not want the Plaintiffs to call further
22 witnesses to rebut them; we do not care if they call a
23 thousand witnesses to rebut them because we are confident
24 of our case.
25
26 I think that is what I want to say really, that we will do
27 our best to comply with whatever orders or indications that
28 are made, but it should be borne in mind that we have an
29 absolutely massive administrative task. I think that it is
30 bad enough for this case, but for people being sued for
31 libel in the future, the more restrictions that are placed
32 upon Defendants in person, the less likely someone is going
33 to be able to fight a case. That will not be in the
34 interests of justice.
35
36 I think that people with resources such as the McDonald's
37 Corporation are going to just walk all over any opposition
38 if the court does not protect their interests. I am not
39 saying that you are not protecting our interests, but I am
40 saying that this has come through after all their witnesses
41 virtually have given evidence. These are the beginning of
42 our witnesses of fact, and suddenly, you know, all the
43 inhibitions and restrictions are being brought to place.
44
45 I just think there should be some flexibility and give and
46 take and understanding of our position, and a defence of
47 our witnesses' interest that they have come to give
48 evidence to give the whole truth, and they should be
49 enabled by the court to give the whole truth.
50
51 We will certainly do our best to comply with any
52 indications to the limit of our abilities. Often,
53 unfortunately, it does mean that I have never met
54 Mr. Whittle in my life until last night at 9 o'clock at
55 night when he arrived and -----
56
57 MS. STEEL: I have something to say, but I do not know whether
58 you rather I said it now or afterwards.
59
60 MR. JUSTICE BELL: Say it now because I am minded when I do come
