Day 308 - 28 Nov 96 - Page 06
1 can see, the purpose of this section of the Act is to
2 protect people who make a response to defend themselves in
3 the heat of the moment, without stopping to check all their
4 facts.
5
6 The publication by McDonald's of these press releases and
7 leaflets took place four years after the last alleged date
8 of publication of the fact sheet and seven or eight years
9 after they became aware of the fact sheet, according to
10 their own evidence. This can hardly be said to be in the
11 heat of the moment. Additionally -----
12
13 MR. JUSTICE BELL: I would like you to make a mental note: if
14 you say there is any authority for the fact that it has to
15 be in the heat of the moment, I would like you at some
16 stage to put it into your written legal submissions.
17
18 MR. RAMPTON: My Lord, in any event, this went on for the whole
19 of yesterday, and I have reflected on it overnight. The
20 Defendants are -- and it is only right perhaps I should say
21 so now on this issue, to save time later -- labouring under
22 a -----
23
24 MR. JUSTICE BELL: I think they may be, but -----
25
26 MR. RAMPTON: I will leave it.
27
28 MR. JUSTICE BELL: Yes, I think you should.
29
30 MS. STEEL: I am not going to spend a long time on this,
31 anyway.
32
33 MR. MORRIS: I would like to know what -----
34
35 MR. JUSTICE BELL: I do not want you to interrupt Ms. Steel. If
36 there is a specific point you want to reply on after
37 Mr. Rampton has addressed me, you must ask me, and I will
38 consider it and either say "yea" or "nay".
39
40 MS. STEEL: It is our argument that, whether or not there is
41 any argument on it, it is common sense, and that is the
42 approach that should be adopted.
43
44 Now, there were also meetings to discuss the publication of
45 the press releases and leaflets which took place over a
46 period spanning several months. We have seen the documents
47 referring to meetings in January right through to April
48 where the press releases and leaflets were discussed.
49 McDonald's had ample time to get their facts straight.
50 Bearing in mind this was not a heat of the moment response,
51 there was no need to make such a vicious attack on myself
52 and Mr. Morris in order to (as they claim) protect their
53 reputation. They were quite able to put out their side of
54 the story in relation to each of the issues. Indeed, we
55 have seen that they have, in fact, done so with the
56 publication of the McFact books, which have been referred
57 to in the trial, which deal with all of the issues in this
58 trial. Obviously, our view is that the McFact book is a
59 load of inaccurate propaganda, lies and hot air, but that
60 is not the point. To the public, it represents a rebuttal
