Day 002 - 29 Jun 94 - Page 19

     
     1        which is a video that is, effectively, banned in this
              country by McDonald's called "Jungle Burger".  It was
     2        shown on Channel 4 and then never shown since.
 
     3   MR. RAMPTON:  I am not at all sure Mr. Morris is entitled to
              use this courtroom, where considerations of absolute
     4        privilege arise, to show defamatory material which is
              neither relevant to anything----
     5
         MR. JUSTICE BELL:  Do you know what the -----
     6
         MR. RAMPTON:  I know what "Jungle Burger" is.
     7
         MR. JUSTICE BELL:  Do you know what this extract is?
     8
         MR. RAMPTON:  No, I do not.  I suspect it is part of the libel
     9        which is constituted by Jungle Burger and for whose
              broadcast Channel 4 has apologised.  If it were probative,
    10        if it were evidence and if it were relevant, I could not
              object, but I do object to Mr. Morris seeking to use this
         court as a medium for republishing that which was already
              been withdrawn by the television company that showed it in
    12        the first place.
 
    13   MR. JUSTICE BELL:  What I will do is I will rise for ten
              minutes.  The court will be cleared except for Miss Steel
    14        and Mr. Morris.
 
    15   MR. MORRIS:  Can I make an application about this?
 
    16   MR. JUSTICE BELL:  You can but after what I am proposing has
              been done:  Counsel and their instructing solicitors for
    17        McDonald's and McKenzie friends for the defendants, so
              that you, Mr. Rampton, can see the exact extract.  I will
    18        come back at 5 past 12.  Then you can say anything to me
              in Chambers before we go back into open court about the
    19        admissibility or otherwise of this extract; Miss Steel and
              Mr. Morris can as well.
    20
         MR. RAMPTON:  My Lord, I am grateful.
    (11.55 am)
                               (Short adjournment)
    22
                                  (In Chambers)
    23   (12.10 pm)
         MR. RAMPTON:  My Lord, it is, as I thought, a repetition of
    24        allegations through the mouth of an unnamed, unidentified
              person who is not giving evidence as a witness in the
    25        case.  I do not know whether your Lordship would like to
              have a look at it?  It is not very long. 
    26 
         MR. JUSTICE BELL:  If there is going to be an argument about 
    27        it, I should see it then I will hear the argument.
 
    28   MR. RAMPTON:  It is much better because it is a question of
              admissibility.
    29
                     (The extract of the video was then shown)
    30
         MR. RAMPTON:  Your Lordship sees the difficulty.  The gentleman