Day 070 - 20 Dec 94 - Page 02

     
     1                                      Tuesday, 20th December, 1994.
     2
     3   MR. RAMPTON:  My Lord, may I start with two things?  First of
     4        all, affidavits sworn by Mr. Cesca and Mr. Stein, of which
     5        I have given copies to the Defendants.  I will hand those
     6        copies in, if I may.
     7
     8        My Lord, then perhaps a more substantial thing, for the
     9        moment at least.  Having looked overnight at what I call
    10        the privileged documents and having considered the effect
    11        of the two authorities which I mentioned to your Lordship,
    12        and the position having been reached that Ms. Steel
    13        actually quoted from one of the privileged documents in her
    14        opening and given finally -- perhaps not least important --
    15        that if we want to finish today, it is perhaps better not
    16        to have an argument if it can be avoided, my clients have
    17        decided that they will waive the privilege in these letters
    18        without conceding any principle, because, as your Lordship
    19        will see when your Lordship looks at them, privilege starts
    20        out of them with complete clarity.
    21
    22        There are, I tell your Lordship now, two attendance notes
    23        by a partner in Barlow Lyde & Gilbert, a draft letter,
    24        which I think has seven mentions of our clients,
    25        McDonald's, and a sheet of paper noting that an outdoor
    26        clerk has issued a writ.  The documents all date from 1984
    27        and they are in respect of a BBC "World Life on One"
    28        programme about the destruction of the rainforests.
    29
    30        My Lord, that said, I hand copies up to your Lordship which
    31        I could not otherwise have done.
    32
    33        My Lord, I should perhaps add this:  though it is right to
    34        say that because of my intervention the Defendants were
    35        prevented from cross-examining Mr. Oakley about these
    36        documents, your Lordship may feel, having looked at them,
    37        that they do not add a great deal to the sum of human
    38        knowledge as set out in the statement of Mr. David Walker
    39        of McKey and in the letter from Lord Vesty, which is
    40        already before the court.
    41
    42        Second, of course, if the Defendants should wish to
    43        cross-examine on these documents, they have the opportunity
    44        of cross-examining Mr. Nicholson, who is the subject of one
    45        of the attendance notes, and of course Mr. David Walker,
    46        himself, of McKey Foods, both of whom will give evidence
    47        later on in the case.
    48
    49   MR. JUSTICE BELL:  Shall I just read those through, then?
    50 
    51   MR. RAMPTON:  My Lord, it might help. 
    52 
    53   MR. JUSTICE BELL:  (Pause)  Yes, thank you.  I am going to put
    54        those on top of the pile of documents which have to go into
    55        bundles somewhere, including the ones handed in over the
    56        last few days .
    57
    58        Let me just ask:  is there anything more you want to say
    59        about your privileged documents?
    60