Day 308 - 28 Nov 96 - Page 07
1 of all the points in the fact sheet.
2
3 The so-called McFact book was not the only publication by
4 McDonald's, either. We are obviously all aware of the
5 McFact cards that are available in the stores, which put
6 McDonald's view on a number of issues -- for example,
7 packaging, rainforests, and they have got leaflets about
8 nutrition as well.
9
10 The other point on this area -- and, obviously, I agree
11 with what Mr. Morris was saying yesterday about this matter
12 as well -- the other point that they have claimed on
13 page 29 of the pleadings is that: "The moral duty on the
14 part of the publishees was to receive the truth, namely,
15 that the said attack was and is unjustified."
16
17 We do not consider that that is encompassed under the law
18 as it stands in the authorities, one of which I referred
19 you to yesterday. There is no legal obligation on the
20 public to do anything with the information given by
21 McDonald's, either to investigate or to take any other form
22 of action. So there is no legal basis for that part of
23 McDonald's claim.
24
25 Moving on to the Further and Better Particulars of the
26 Defence to Counterclaim pursuant to an order of Bell J. --
27 this is dated 31st January 1995 -- this is where they set
28 out the matters on which they rely for the inference that
29 myself and Mr. Morris organised the demonstrations
30 previously listed.
31
32 They first say that I took a leading role in the campaign;
33 and, for that, they are relying on the fact that I attended
34 all six listed demonstrations outside McDonald's Head
35 Office. Obviously -- I have probably said this before --
36 the fact that you attend a demonstration does not mean that
37 you have a leading role in the campaign.
38
39 They then say that I regularly attended meetings of London
40 Greenpeace, and they set out, I think, about six or seven
41 dates that they are relying on. Now, the fact that you
42 attend meetings of a group which discusses any number of
43 topics, where McDonald's certainly is not high on the
44 agenda -- it does not come up every week and it does not
45 come up to any great extent every week -- cannot be taken
46 as showing that you have a leading role in the campaign.
47
48 At paragraph D on page 2 they say things about me having
49 taken control of the meeting, writing the agenda and the
50 minutes. I have dealt with that under publication. That
51 means absolutely nothing; and the private investigators
52 that infiltrated London Greenpeace accepted as much when
53 they gave evidence.
54
55 The other part in paragraph D that is related is from the
56 evidence of Mr. Clare who, as we said before, we consider
57 has been totally discredited.
58
59 I am not going to go through all of those points, because
60 I think that I have dealt with them under the publication
