Day 002 - 29 Jun 94 - Page 22

     
     1        ruling on this matter in open court when people come back
              into court, because it is clearly important that as much
     2        of this trial, now we are hearing in open court, including
              interlocutory matters, be heard in open court.
     3
         MR. RAMPTON:  I was not dealing with any application for
     4        discovery that might now be made.  It would not be an
              appropriate moment for Mr. Morris to make it anyway.
     5
         MR. MORRIS:  I was not making an application.
     6
         MR. RAMPTON:  I was dealing with the general problem that Miss
     7        Steel and Mr. Morris have on frequent occasions quite
              falsely asserted for public consumption that McDonald's
     8        have failed in their obligation for discovery.  It is not
              so.  Your Lordship knows it is not so.  The process of
     9        discovery is governed by the court; McDonald's has
              complied as best it can with every single order for
    10        discovery that has been made against it; numerous
              applications for discovery have been made which have
         failed on the ground of irrelevance.  I should wish it to
              be known publicly how false that allegation is.
    12
         MR. JUSTICE BELL:  I have.
    13
         MR. RAMPTON:  They have also said that we refused to give
    14        particulars of the counterclaim.  Again another false
              allegation.  The request is served; it is being dealt
    15        with.
 
    16   MISS STEEL:  Perhaps Mr. Morris should have said "failed to
              give particulars" rather than "refused", but the
    17        substantial allegation is still true.
 
    18   MR. RAMPTON:  "Have not yet given the particulars" would be the
              accurate way of putting it.
    19
         MR. JUSTICE BELL:  The appropriate time, it seems to me, for
    20        you to make any comment -- I certainly cannot stop you,
              Mr. Rampton -- is when Miss Steel and Mr. Morris have
         completed all they wished to say in opening.  I certainly
              do not think it desirable -- I do not think you had it in
    22        mind to make any comment in open court while they are
              opening?
    23
         MR. RAMPTON:  No.  That is why I raised it now.  With your
    24        Lordship's leave, I will say something when they are
              finished but that is quite apart from the question of
    25        appropriateness or proprietary of showing that film at
              this stage in the case. 
    26 
         MR. JUSTICE BELL:  That is entirely a matter for you as counsel 
    27        on behalf of McDonald's to take whichever course you wish
              to take.
    28
         MR. RAMPTON:  My Lord, I have said this, so long as it is made
    29        clear that it is only shown because it is said by the
              defendants to be relevant to their state of mind, not as
    30        evidence of the truth of what is said in it.  I could not
              reasonably object, otherwise I would.