Day 292 - 01 Nov 96 - Page 04
1 and just a topic next to it -- I would be content.
2
3 And this is the part which might affect Mr. Rampton: If
4 you handed any such list of matters to me, either in bits
5 and pieces or as a whole, at any time up to, say, the last
6 Wednesday of this term ----
7
8 MS. STEEL: When is that, sorry?
9
10 MR. JUSTICE BELL: I think it is about 18th December. In other
11 words, what I really want you to do in these two day or
12 three day stints, if that is what it is, is deal as any
13 professional advocate would, not so much with this witness
14 said that on such and such a day, but 'we say this is the
15 meaning', 'we say this bit it is comment', 'we accept it is
16 defamatory'. There may be instances where you say 'we
17 accept it is defamatory of McDonald's Corporation, the
18 first plaintiff'. You may have a query as to whether it is
19 the second plaintiff. Whether you think that anything
20 about destroying the rainforest is defamatory of the second
21 plaintiff, that is just being which company.
22
23 You might want to just give me a couple of sentences on
24 what you say the major facts are which are relevant to
25 justification of that meaning or making it fair comment,
26 and say 'the major facts are these and the major points in
27 the evidence are these', and 'bear in mind this point or
28 that point'.
29
30 Mr. Morris made some general points to that effect on 21st
31 October when we resumed. I am not saying this is how you
32 should do it, but it is an attempt to make some guidance in
33 the two day or three day stint, as well as giving it some
34 structure for me to consider, so I absolutely understand
35 the way you put your case. You can refer to some evidence
36 if you want and/or you can take advantage of what I suggest
37 of giving me a list of matters which I can take away.
38
39 What prompted me to think of that is that Mr. Rampton said
40 something yesterday about not primarily dealing with your
41 comments, particularly on the evidence, but taking his own
42 route. And if you gave a list of those matters, when we
43 still had a day or two of term left, he could always have a
44 moment to come back to me on it.
45
46 If you want to say anything about that, I suggest you say
47 it now, and I will give Mr. Rampton an opportunity to,
48 because I do think this is a matter, as I feel at the
49 moment, where I should actually give directions and give my
50 reasons for the directions and you know exactly where you
51 stand. I think I should do it now, two weeks into the five
52 weeks, rather than leaving it later when one has less room
53 to manoeuvre.
54
55 MR. MORRIS: Well, I mean, as you have candidly expressed how
56 you feel, I think that we should do the same. I am not
57 forgetting everything that has been said in the past. This
58 is an absolutely monumental job that we are doing. Not
59 only that, it is extremely important to us and to the
60 public in terms of our analysis of the evidence in the
