Day 186 - 10 Nov 95 - Page 03
1 it. It is undoubtedly good law. I am not sure whether it
2 has any bearing at all on this particular argument, but
3 there it is. If that is asserted by the Defendants in any
4 form, then I shall -----
5
6 MR. JUSTICE BELL: The only reason I raised it is -- and
7 I thought it right you should saying anything you wanted to
8 before the Defendants go -- it might be said that it could
9 not bear that defamatory meaning, because no-one is going
10 to believe that it will do you any harm if you eat one
11 McDonald's meal.
12
13 MR. RAMPTON: No.
14
15 MR. JUSTICE BELL: Do you see what I mean?
16
17 MR. RAMPTON: My Lord, I do not contend that it would be taken
18 as literally as that. The way your Lordship puts it in
19 your Lordship's meaning, edited in the way that I have
20 suggested, really covers the point, eating the food gives
21 rise to a serious risk of getting these degenerative
22 diseases. Whether one uses the route -- I notice in the
23 transcript it is spelt R-O-O-T; that is not what I meant --
24 of diet or not, really, as I think I have already
25 submitted, that does not matter. I quite agree; just, as
26 your Lordship may remember that autobiographical packet of
27 cigarettes that I showed Dr. Barnard, I do not believe any
28 sensible, reasonable person would think that it was going
29 to kill you to smoke one cigarette or even one packet of
30 cigarettes. The fact is that you should not smoke in any
31 quantity at all if you want to avoid a risk of heart
32 disease or cancer.
33
34 The message -- if I may put it like this, and it is the
35 last thing I will say just now -- which we draw from the
36 leaflet is almost precisely the same as what the Government
37 compels the tobacco industry to put on cigarette packets
38 "Smoking causes cancer" or "Smoking kills".
39
40 MR. JUSTICE BELL: Thank you. The only other matter I wanted to
41 say (which has nothing to do with the meaning argument) is
42 I would have thought we would have time later in the day to
43 deal with any outstanding scheduling matters which can be
44 further advanced today, but I would like to do that after
45 the argument on meaning has been concluded, as has been
46 suggested.
47
48 MR. RAMPTON: So be it.
49
50 MR. MORRIS: There is one thing on that I would like to bring
51 up straightaway. We have not been able to get hold of
52 Monsieur Lamti in the last couple of days -- I do not know
53 if he is away, or what -- and he is expected to come on
54 Monday. He may well have booked his flight or train,
55 whatever he is doing, so we would like to keep that Monday
56 fixed at the moment. That is something that, obviously, is
57 fairly urgent, and -----
58
59 MR. JUSTICE BELL: How long is he going to stay in this
60 country?
