Day 205 - 17 Jan 96 - Page 09

     
     1        track from what he has said in the past, that he is not
     2        being accurate; and, therefore, we wanted to helpfully
     3        point out that at the beginning of the case and -----
     4
     5   MR. JUSTICE BELL:  Take me to the part in the transcripts in the
     6        beginning of the case.
     7
     8   MR. MORRIS:  In the opening speech, for example.
     9
    10   MR. JUSTICE BELL:  What is the page?
    11
    12   MR. MORRIS:  Page 44.
    13
    14   MR. JUSTICE BELL:  Let me look at that.  Let me turn it up.
    15
    16   MR. MORRIS:  Line 19, Mr. Rampton says:  "McDonald's do not
    17        dispute the right of anyone at all, if that should be his
    18        honest view to say in strong terms" -- and I emphasise "in
    19        strong terms" -- "if he wishes, that he disapproves of
    20        keeping" -- and I emphasise "keeping" -- "and killing
         animals for human consumption.  That is not what this case
    22        is about.  It is entirely a matter of opinion.  What
    23        McDonald's do object to, however, is gross misdescription
    24        of the facts underlying the expression of such opinions."
    25        Then he goes on about the text of the leaflet, without
    26        complaining about the heading.  That is the first.
    27
    28   MR. JUSTICE BELL:  In the next paragraph, he says that someone
    29        with strong views on the matter might honestly describe the
    30        slaughter of animals for food as murder.  He does not
    31        mention torture there.  He goes on to make the point which
    32        he has made later, right or wrong, about specific facts.
    33        So he is not saying there, as I understand it, that his
    34        clients do not complain about the use of the word
    35        "torture".
    36
    37   MR. MORRIS:  He does not complain about the use of the word
    38        "torture".  He complains about the things that he calls
    39        are the facts that are misdescribed.  He does not mention
    40        "torture" at all as something to criticise.  In fact, he
         says that keeping and killing animals, in the first
    42        paragraph we quoted:  "Keeping as well as killing animals
    43        can be described in strong terms.  That is all a matter of
    44        opinion."  What we are concerned with in this case, in this
    45        particular example, is the specific facts, whether they are
    46        true or not in text.  It is obviously a matter for
    47        yourself, but we just wanted to point that out, because we
    48        felt that the Plaintiffs were trying to back track.
    49
    50   MR. JUSTICE BELL:  There are further references.  Take me to the 
    51        next one which concerns you. 
    52 
    53   MR. MORRIS:  The next one is day 30 which was just ten court
    54        days after.
    55
    56   MR. JUSTICE BELL:  Give me the date again.
    57
    58   MR. MORRIS:  It is October 3rd, 1994.
    59
    60   MR. JUSTICE BELL:  Yes, page 2.