Day 002 - 29 Jun 94 - Page 18

     
     1        were over discovery.  It was only last year that we
              discovered that we could make an application to have a
     2        hearing on a point we were unsatisfied with; that we could
              do an affidavit thing like that.  We were not aware until
     3        the last year or so of a number of our rights.  We were
              not aware we could get transcripts of hearings which are
     4        very helpful.  We do feel that because of our success at
              the Court of Appeal in over-turning the elimination of
     5        some of our particulars that the Court of Appeal
              recognises that freedom of speech is something the public
     6        feel strongly about and should be acknowledged.
 
     7        With the counterclaim which is a very recent thing because
              of the last minute ambush and attack by McDonald's
     8        corporation on the defendants, we do not think that the
              corporation is taking it seriously.  They put in a
     9        defence.  They refused to give particulars of that
              defence, although we have served now an application, a
    10        request for further and better particulars which was
              served yesterday.  We gave them the opportunity to
         apologise and withdraw their statements that their critics
              were liars, which they rejected.
    12
              So we are now under the burden of proof, not only to prove
    13        each point as we go along in the trial, but also to give
              discovery of the documents which we have sought which they
    14        have so far refused to hand over.
 
    15        Helen said something about the discovery.  I will move on
              now to the whole point of discovery and cover up -- we
    16        handed over all other documents in our possession relevant
              to this case last March.  We have made about 14
    17        applications for documents from McDonald's since that time
              at great effort and expense.  Gradually, we have teased
    18        out more and more documents, some specific ones which we
              have applied for and nailed down so that they could not
    19        wriggle out of it.  Some are whole categories of
              documents.
    20
              But there are whole areas of the case where there are vast
         gaps where McDonald's Corporation have said they do not
              have any relevant documents.  They say in their fact book
    22         -- I cannot find it but I will quote from memory; it is
              in the trial documents; it is about an 80 page book of
    23        facts and figures under the section of the environment --
              they are committed to an open and honest dialogue over
    24        their practices with environmental and other special
              interest groups.
    25
              We found this open and honest dialogue to be virtually 
    26        non-existent.  For example, on the subject of publication, 
              London Greenpeace was never served, before this case was 
    27        brought, any details of evidence that anything in the fact
              sheet was incorrect.  There was, apparently, one legal
    28        letter threatening legal action and demanding a
              retraction.
    29
              At this stage, because I am getting a bit tired, I wanted
    30        to show -- I am going to talk about the discovery -- a
              short extract of about a minute of a half from a video