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Could you tell us a bit about what you were doing before this case?
Before we got the writs I was involved in London Greenpeace and in a few
other groups as well. Various different campaigns; around housing, against
the Poll Tax, environmental campaigns, animal rights, supporting strikers -
all sorts of struggles for a better world basically! I was also doing
paid and unpaid work as a minibus driver for various community groups -
pensioners, children and so on.
How did you first get involved in any sort of campaign?
Well, since I was quite young I've been interested in environmental issues.
Then when I was at comprehensive school I decided I wanted to study
agriculture, and me and my best friend had to fight to get on the course cos
girls weren't allowed to do it. We had to find boys who would swap with us
and do home economics instead. It was a very interesting course and I
really enjoyed it, but towards the end we made visits to slaughterhouses and
really what I saw there was so horrific that I decided that I wanted to
become a vegetarian and that I didn't want to be involved in the death of
animals. I still thought at that time that I could do dairy farming or eggs,
or things like that, but as I learnt more, I discovered the cruelty involved
in the battery egg system and the dairy industry and so I became a vegan a
couple of years after that.
How did you first get involved in London Greenpeace?
My first real involvement with London Greenpeace was in 1987 when the
re-enactment of the First Fleet sailing to Australia took place and there
were protests against the bicentennial celebrations and in support of
Aboriginal land rights. Some people who were involved in that were involved
in London Greenpeace, so I started going to a few London Greenpeace meetings
at that time, to get involved in that. But it wasn't really until 1988
that I started
going to meetings on a regular basis and getting more involved in the groups
activities.
What sort of things was the group doing at that time?
There were campaigns against the IMF/World Bank, against State borders, one
to encourage traffic free communities, there was a focus on Unilever - the
food and soapstuff multinational - for a time and then obviously there was
the anti-McDonald's campaign. But also London Greenpeace is really a
sort-of informal network, so people would come along to meetings and bring
up political events organised by others, that people in London Greenpeace
might be interested in. My particular interest at the time was the campaign
against the International Monetary Fund/ World Bank. I went over to Berlin
for the demonstrations against the IMF congress that was being held there,
and there was a counter-congress organised by people in Germany to put
forward alternatives to the IMF and alternative ways of running society.
How did London Greenpeace operate?
It was basically an informal, open collective - anybody was welcome to come
along and could get involved with any of the activities organised by the
group. There were no positions of power - no chair, no person dishing out
orders - 'you've got to do this, you've got to do that'. You didn't even
have to agree with everything that other people in the group were interested
in doing, different people would be involved with different campaigns. In
fact, that was what I liked about the group cos a lot of political groups
you have to agree with all the aims and principles, and you have to agree to
do everything that the group decides to do, but it wasn't like that with
London Greenpeace - you could get as involved as you wanted to, or just sit
quiet if you wanted to. I mean obviously it's better if people participate
to some extent, but you didn't have to take part in every issue.
Where did the McDonald's campaign fit in?
The LGP Anti-McDonald's campaign was up and going before I ever got involved
in the group and ironically myself and Dave weren't involved with the
running of it. It was set up to encourage people to challenge the way that
society is currently run with people, animals and the environment being
exploited for the benefit of a minority of the population (executives &
shareholders of multinationals, banks etc) and to put forward positive
alternatives.
I think McDonald's were chosen because they have a particularly
high profile, with their perpetual advertising which is forced on us all, and
people felt there was a need to counter the mass of propaganda the company puts
out trying to convince us that they're a benefit to society. It turned out to
be a very popular campaign in terms of public response, lots of letters came in
asking for information about McDonald's. I think it really struck a chord
with a lot of people who were fed up with litter all over their streets and fed
up with their friends and themselves going in to low-paid, dead end jobs,
where they were bossed around and so on... There were letters coming in
from around the world - all different countries, with people talking about
campaigns against McDonald's in their area, or other fast-food outlets as
well.
By the time I was really involved with London Greenpeace, the campaign had in
fact gone from something initiated by London Greenpeace to being much more run
by local groups all over the world. Lots of different local groups
particularly in England were organising pickets of McDonald's and regularly
distributing leaflets, whereas with London Greenpeace, although it had
initiated the campaign it was maybe only doing one or two things a year in
terms of pickets or protests against McDonald's.
Did you know of any other groups campaigning against McDonald's before
London Greenpeace?
I think there had been lots of groups campaigning against McDonald's around
the world on specific issues like rainforests, low pay, animal welfare.
Groups in the States and in Australia were campaigning on the rainforest issue,
there were trade unions campaigning against McDonald's hostility to trade
unions, There were nutritionists, criticising McDonald's for their promotion
of junk food. Animal rights campaigners complaining about the way animals
were reared and slaughtered. But it was London Greenpeace which really drew
all the criticisms together to take a look at the overall effect that
multinationals have on the planet, and it became a worldwide campaign against
a major multinational on all the issues.
Who wrote the Factsheet? Did you?
The Factsheet that we're being sued over was actually written a couple of
years before I got involved in the group and I never met the person who
wrote it.
How was it distributed?
Well, sometime before I got involved in the group there had been a decision
that because of the size of the leaflet, because it was six sides of A5 all
folded up, it was too long to be handed out on the street. Partly because
people wouldn't tend to bother to read it all on the streets, and also
because London Greenpeace was always virtually broke and couldn't afford be
reprinting a really long, expensive leaflet. In fact the factsheet was
actually out of print before McDonald's served the writs on us. Their own
private investigators had reported that the office had run out of copies.
There were various A5 version which were the ones used for mass distribution
on the streets. But also London Greenpeace didn't really print leaflets for
other people anyway, it always encouraged people to print their own.
Veggies in Nottingham were the main distributors of literature for handing
out. They printed the factsheets and other leaflets in bulk and sent them
out to groups around the country.
Did you ever distribute it?
I don't think I've ever handed out the Factsheet. I've been on -
particularly since the writs were served - a lot of Anti-McD's demonstrations
and pickets and I've handed out a lot of A5 leaflets detailing McDonald's
practices, but I don't think I've ever actually handed out the Factsheet.
Tell us about McDonald's spies.
About a year before the writs were served on us this guy turned up at the
meetings who didn't quite seem to fit in. He didn't really say that much about
what his politics were, what his particular interests were, although he did say
that he was against fast-food. There was something about him that didn't seem
quite right, but at the time we just thought 'well, you know, maybe he's a
policeman, but we're not doing anything wrong, or illegal or anything, so well,
why worry about it? A group can't work if it's continually suspicious about
everybody who's coming to meetings so people just got on with it. Some of the
other investigators that were sent along I was suspicious of at the time too,
including one of the women, they must have an air about them! But there were a
couple that didn't raise any suspicions with me, and if they hadn't been
revealed by the evidence in the case I'd be none the wiser.
McDonald's have now admitted that they had 7 private detectives infiltrating
London Greenpeace. A couple of them admitted taking letters sent to the group,
to copy them for McDonald's files. One of them broke into the group's office
using a phone card to swipe the lock. Another one reported that the office
window had no security lock on it. So he was obviously of the same mind, cos
what's the point of reporting that otherwise? They got heavily involved in the
group and have admitted distributing anti McDonald's leaflets, including the
factsheet we were sued over.
There was a woman called Shelley who started coming to meetings and was
regularly attending pickets of McDonald in North London and distributing
anti-McD's leaflets. She came on the picket of McDonald's Head Office and was
handing out leaflets there. She had a relationship with somebody in the group,
which is.. just completely disgusting. I was actually suspicious of her at
the time because she seemed over keen, ridiculously keen but as I say you can't
work if you're suspicious of everybody who is involved, but it did turn out
later that she was working for McDonald's while she was doing all these
things.
How does it make you feel, looking back on it?
Well, I think it's a gross abuse of the trusting, open nature of the group,
and I think it's outrageous that companies like McDonald's go to such
lengths to try to protect the image that they've manufactured for themselves.
But I guess it shows how desperate they were feeling about all the criticism
flying at them.
Is there any come-back for the spies?
We made an application to join three of the spies as co-defendants, and the
basis for that was two of them admitted sending out copies of the Factsheet in
answer to letters that had been written into the group and then the other one
has admitted distributing the Factsheet when he was working on a stall at a
benefit. McDonald's case against me and Dave was basically that we were at
meetings where the campaign was discussed and they said that I handed out
leaflets outside their Head Office in 1989. Their own witnesses... their own
private investigators were actually admitting that they handed out the
Factsheet, so they were far more involved than myself and Dave really.
Also nearly two years after the trial started McDonald's
applied to change
their case. Whereas previously they had pleaded that we had caused
distribution of the Factsheet on 6 specific dates, they now changed their
case to say that we were
responsible for all distribution of the Factsheet whensoever and wheresoever it
had occurred between 1987 and 1990, and obviously, seeing as at least some of
that distribution was carried out by their own private investigators, why
should we be liable to McDonald's for something that was done by their own
agents. It's ridiculous.
What did you think of McDonald's before you got the writs?
I thought they were just one of many multinationals that are exploiting
people and animals and damaging the environment in their endless quest for
profits. Obviously after we got the
writs it became a lot more personal and I became determined that I wasn't going
to be silenced by their bullying tactics and that the public would
hear the
truth about their practices rather than just the glossy image propaganda that
the company puts out.
How did you get the writ?
The writs were served on us in September 1990. I'd just got a lift from a
friend, back to his house. It was dark and as I stepped from the van there
was a guy standing in front of me and he said 'Helen? '. I didn't say anything
cos I didn't know who he was, and he just threw this envelope at my feet, and
then I picked it up and opened it, and it was the writ.
It really felt like a big intrusion into my personal life at the time because,
obviously they'd followed me there... or they must have followed me there on a
previous occasion to be waiting for me as I got out of the van, so it felt
pretty horrible that I'd been followed around.
Did you have any immediate reaction as to what you were going to
do?
It was just like: what do we do? I didn't know anything about libel laws, I
don't think I even knew what libel was. I mean I had probably heard of it
somewhere, on some TV... news coverage or something, but never really known
what it was. In with the writ was a letter from McDonald's solicitors
saying that they'd taken out this writ and that there'd be a court case
unless we apologised. And certainly straight away I thought 'Well I've got
nothing to apologise for', but obviously not knowing anything about libel,
we needed to get legal advice.
We went to see some lawyers and the options were explained, like we could
either fight the case or we could apologise. Basically the lawyers said
that the libel laws are extremely complex, that it is really difficult to
fight a case as a defendant at the best of times because the onus is on you
to prove everything, and not just with books and films and pamphlets and so
on, but with witnesses and with first hand accounts. They said that it's
very costly to fight a libel action, that there's no legal aid for libel and
that if, as in our situation, you didn't have any money and you had no legal
experience the very difficult battle of defending a libel action would be
made almost impossible. Effectively you would be banging your head against
a brick wall.
Their advice was really; you're on a hiding to nothing, because of all the
odds being stacked against you, you're probably better off apologising and
getting on with some other campaign. Not because anyone thought there was
anything wrong with the leaflet, but just because of the difficulties
involved in fighting a case.
It was quite likely that we wouldn't be able to comply with all the pre-trial
procedures, you've got various documents you've got to fill out - pleadings and
so on - and without legal representation that's very hard to do. And your case
could get thrown out before even getting to trial. So, the issues wouldn't
even get a proper airing. All the time you're running up costs, McDonald's
legal bill would be going up really rapidly. And eventually the other 3 people
who'd got the writs felt that they didn't really have any choice but to
apologise because of the odds being stacked against us and because we'd been
told that we could be bankrupted without even getting a full hearing.
It's a matter of free
speech and if there's a genuine body of opinion that believes that
something is true then you should be able to say it.
But it just really stuck in my throat to apologise for something that didn't
deserve an apology so, even though we were being told that it was a
virtually impossible battle I just thought, well I'm going to fight this
case come what may, whether or not I manage to comply with all the
obligations and actually get as far as a trial. Dave had a lot of domestic
problems at the time - looking after his partner and very young son who'd
both been injured in an
accident, so he didn't have a lot of time to fight a
case. He said he'd go with the flow - if everyone thought that there was no
option but to apologise. But when I said there was no way I would apologise he
said he'd come in and fight it with me, which is just as well really, I don't
think I would have made it through the whole case on my own.
How well did you know Dave?
I've known Dave since the early 80s. We've both been involved since that
time in various political and community groups in Haringey. We hitch-hiked
up to a mining village during the 1984 miners strike to support the
strikers, and we were both involved local campaigns for decent homes for
all, anti-traffic actions, the local campaign against the Poll Tax.
How did things progress with the case?
Well, when we first got the writs, we didn't know anything at all about
libel. Gradually we learnt more and more but we never realised it was going
to take this long in court. I mean, even 6 months before the trial started,
McDonald's QC Richard Rampton had been saying that the trial would only last
3 or 4 weeks, and I was actually living in Yorkshire at the time, and I
thought 'well that's okay I'll just come down for a month to fight the
case'. But as time went on it became obvious that the trial was going to
take quite a lot longer than that and also that I needed to be in London for
all the pre-trial hearings and procedures, so I moved back down. But even
then, I still had no idea that it was going to go on for over 2 years. We
thought at that stage that maybe it would take 3 or 4 months.
People ask whether or not we would have fought the
case if we'd known how long it was going to take. And if when we'd got the
writs someone had said to me 'you'll still be fighting this case in 6 years
time' I think it would have been really daunting and I would probably have
had a serious think about whether or not I was going to fight it. But at
the end of the day we didn't have much choice, there was no way I was going
to apologise for something that just didn't deserve an apology. So I think
we would have had to say 'yeah, we'll see it through' even if it does take
that length of time.
At what stage did you realise that it was really McDonald's on trial and
what a unique position you were in?
Normally if you're campaigning against a multinational or trying to expose
what they're doing, everything's kept under wraps, and if you ever get to speak
to anyone it's a PR person and they can just trot out their glib answers and
avoid any serious discussion about what they're doing and what the effects are.
Whereas when you've got an executive in the witness box, they can't walk away -
they HAVE to answer your questions. So it is a unique opportunity to get
information about the inner workings of a huge multinational company out into
the open. So in that respect we are quite lucky.
What has the pressure from the media been like?
I'm normally quite a private person, and I actually find it quite hard
talking to the media, particularly on film and on radio - it's not so bad
talking to journalists for newspapers, although even that I find hard work.
Dave's good at it tho and I feel like.. if I don't agree to be interviewed its
a typical stereotype of the man's doing all the talking. So I've really felt
like I've had to make an effort to talk to the media even though I'm not very
keen on it.
Its quite strange cos people sort of say 'you must be alright talking to
the media or speaking at public meetings, cos you have to do all that
speaking in court'. Its odd, but I don't feel inhibited or awkward
about speaking there... maybe its just because we've been there for 2 years and
I've got used to it. Before the trial started we had 28 pre-trial hearings
so although
initially we were nervous speaking at them we got used to speaking front of
judges and QCs and by the time the trial started I felt fairly OK about it.
Do you appreciate the power you have in terms of getting the issues across
to the public?
It's also been a unique opportunity to get all the issues in the case over
to the public, with the amount of media interest that there's been.
Effectively that's the best weapon we've got against McDonald's trying to
censor the whole campaign through its use of libel writs - it's to turn
the tables and get more publicity for the issues, and also to encourage people
to have confidence in standing up for their beliefs and ideas.
I think, providing they had the same sort
of backing
as we did, that anybody else could've fought the case
Has the media in general focused on the right aspects?
One of the frustrating things about the media coverage is that it has
tended to focus on what we're wearing and inane things like that, rather than
really putting across the issues that the case is about. It's particularly
frustrating when you spend a couple of hours talking to a journalist about all
the issues in the case, and then two weeks later you see the article and its
just stuff about your haircut, or what jumper you've got on, or whether or not
you wear makeup - just sort of really tedious stuff that's totally
irrelevant... what difference does it make what you're wearing?
Why did McDonalds try and withdraw all the transcripts? What was their
real motive?
Before the trail started McDonalds said that they would provide us with
daily court transcripts for the whole trial. They were getting them produced
for themselves and they said that in the interests of fairness that we
should have a copy as well. About a year into the trial they withdrew the
transcripts and said that they would only let us have copies if we gave an
undertaking not to show them to... anybody really, but in particular they
didn't want us to show them to anybody in the media. And the whole point of
it was just to stop people hearing all the information that was coming out
at the trial. The information about the inner workings of the company that
they'd tried to keep under wraps for so long. Effectively they were trying
to blackmail us, because they knew it makes a big difference to how you're
able to fight the case, whether or not you've got the transcripts. We
weren't in a position where we could take notes because it's really hard to
take comprehensive notes and at the same time cross-examine a witness. So
they thought that we'd be forced to giving this undertaking and effectively
gag ourselves, but obviously we weren't prepared to do that.
Why do you think they didn't want you to have the transcripts?
I think the main reason why they didn't want us to have the transcripts
unless we gave an undertaking not to show them to anybody was because there
was so much evidence that was coming out in our favour, proving the
criticisms right that had been made in the factsheet and McDonald were
desperate to stop the public hearing about that.
Could you speak in court right from the beginning?
Well, before the trial started we had 28 pre-trial hearings so although
initially we were nervous speaking at them we got used to speaking front of
judges and QCs and by the time the trial started I felt fairly OK about it.
Do you respect the traditions of the court?
We show the judge respect as another human being, but in terms of deferring
to him or to anyone else in the court, we don't really believe in that. Its
quite funny cos the transcripts sometimes say that me or Dave has said
'something, something, my Lord' and we've never once said 'my Lord' cos we
don't believe in deferring to him. Why should he have the right to decide
whether or not people can hand out information critical about McDonald's?
So if you don't believe in the justice system, why have you joined in?
The legal advice we were given at the time presented us with two options,
neither of which was all that attractive. We did consider a third option at
the time which was just to say to McDonald's 'We don't recognise your right
to try and stop us handing out leaflets which we believe are true, "do your
worst"'. And that might have been a good option. I think it would have
been better for us personally because we wouldn't have had to go through a
completely exhausting court battle, but I don't think it would have been as
effective because hardly anybody would have heard about it and therefore
hardly anybody would have got to hear about the issues. I mean that is one
brilliant thing that has come out of this case, which is that so many of the
issues have got a much wider airing than they would normally get and so
millions more people have got to hear about what McDonald's and other
multinationals are up to.
What has this trial taught you about the British judicial system?
I think it has shown clearly that the legal system does nothing to protect
the interests of the ordinary person on the street. We faced a continual
battle during pre-trial hearings just to get the Judges to listen to us, normal
procedures were overturned to protect McDonald's, then we were denied a
jury trial. From the word go we've not really expected a fair trial, it's
just impossible because of the complete imbalance of resources. When the case
started McDonald's were a 24 billion dollar a year company and we were
unwaged. I'm now working, but I'm still only earning sixty four pounds a week
so there's still a massive imbalance. As the case has progressed the other
disadvantages we face as litigants in person have become more and more
apparent. A major one is that barristers - because they've got the same
kind of background and education, the Judges will believe almost everything
they say, whereas with a litigant in person they just think 'Well you don't
know what you're talking about, you've got no experience of the law, I can't
really take much notice of what you're saying.'
I think that the libel laws in this country are designed to protect the
interests of wealthy and powerful organisations and to ensure that their
critics are kept quiet. And the judge is part of that. He actually said to
us at one point 'Well, whether you like it or not we're living in a
capitalist society", as if to say don't bother trying to challenge the way
things are.
What's the most important issue to you personally?
To me all the issues are equally important - they're all things that I feel
strongly about. Although in a way the advertising angle particularly gets
to me but that's mainly because of the ridiculous hype, the way they put
themselves over as though they're something great for the whole world and
the way they continually push their junk food products.
Which was the most difficult issue to get to grips with?
The hardest issue to get evidence on has been the
rainforest issue because all the people who are first hand witnesses -
they're all the other side of the
world. Tracking down who owns land where, and who's doing the destroying of
forests and that. You really need to fly someone out to Costa Rica and Brazil
and places like that to interview people first hand and get down their
experiences and obviously at the time that we needed to do that we didn't
have enough money. Despite not being able to fly someone over and interview
everybody that's available in the field, we've still managed to make contact
with quite a lot of experts who've worked extensively in Brazil and Costa
Rica as well and they've confirmed that some of the areas where McDonald's
get their
beef from are former rainforest areas - some of them deforested within the
last 20 or so years.
Were there any scientific concepts that you couldn't get your head
round?
McDonald's argued that we shouldn't have a jury because the issue were too
complicated for members of the public to understand. We've got to be able
to understand all the issues - and if we've got to understand it, why can't
a jury understand it? I think that partly in order to justify the denial of
a jury, McDonald's have tried to make the nutrition issue more complicated
than it really is - I mean the World Health Organisation and the UK
government's Health Education Authority are putting out pamphlets here and
now, and have been for
the past decade, saying that people should cut down on the fat in their
diet, and eat more fibre, and so on, in order to cut down on their risk of
getting heart disease and cancer. And if bodies such as they are making
those statements, making the links between diet and ill-health, why
shouldn't campaigners be able to put that in their leaflets?
Whether or not you can call some top expert to prove it conclusively is
irrelevant. It's a matter of free speech and if there's a genuine body of
opinion that believes that
something is true then you should be able to say it.
We've been very lucky really because all the experts who have come forward
to give evidence on our behalf have done so for free because they believe that
there are important issues at stake. Normally expert witnesses are paid a fee
to do a report and they'd be paid for attending court. So, if you aren't
legally aided, which obviously you can't be in a libel case cos there is
no legal aid for libel, and you haven't got resources of your own, how
are you supposed to get these top experts to give evidence on your behalf?
You know, we have been very lucky in that people have been willing to come
forward
and give evidence for free. Despite the fact that all the experts that have
given evidence on our behalf are all very busy people, they obviously felt
that it's completely wrong for a multinational company to be able to use
its financial muscle and legal advantage to try and prevent people making
raising concerns about diet, the environment etc and that's why they've
come forward and give evidence on these issues.
How have you got on with these witnesses?
All the witnesses have been really great people and although some of them
are from very different walks of life and people that we wouldn't normally
come across we have got on really well with them. It's been a really good
experience to get the opportunity to meet all these people.
What's a day in the life of a McLibel defendant like?
Well, a typical day is getting up at 7 in the morning, sometimes at 6 if
it's a particularly complicated witness coming up, doing some preparation
for the witness. I meet Dave at the tube station about half past nine. We
get down to court and court starts at about ten thirty, carry on cross
examining the witness or getting the witness to give their evidence in chief
til four thirty with an hour break in the middle for lunch. We get the tube
back to Turnpike Lane and then we go our separate ways go home and I do some
more preparation til about midnight. Then go to bed completely
exhausted.......laughs ...... And I'll speak to Dave on the phone but
generally we don't do any kind of preparation together unless there's
something we really need to discuss then we'll meet up. But otherwise we'll
ask each other questions on the phone about who's doing what or else we chat
about it to or from court when we are on the tube.
Do you get to do any socialising?
For about the first 3 or 4 months of the trial I basically was doing nothing
else except the trial. But it got to a point where I felt like I was going a
bit mad thinking about McDonald's non-stop and I felt like I did need to get
out and see people. And also when we realised that the trial wasn't going to
be over in 3 or 4 months I realised it was just not realistic to not see
people for that length of time, so I made more of an effort to get out and
see people. But that in turn meant that I wasn't able to do all the stuff
that needed to be done for the case. I think though that even if I hadn't
visited friends from time to time I still wouldn't have been able to do all
the stuff for the case.
It's really an impossible task to keep up with everything that needs doing.
McDonald have got two barristers in court, they've always got at least one
solicitor in court, quite often two.... they've got a whole team back at the
solicitors office that send out the letters, make the arrangements for
getting witnesses to court and just generally do administration things like
photocopying, filing and so on. There's even someone to carry all of
Rampton's bags and files into court. So McDonald's team have got about 8
people doing all the jobs that me and Dave are doing between us and on top
of that we've also got to organise our home lives, you know, like Dave's got
his son to look after. Rampton particularly, and often the Judge, would say
we'd had plenty of time to prepare, but they forgot (or ignored) just how
much we had to do on our own, and I bet they had someone doing their
cooking, cleaning and shopping for them. It was a complete nightmare
keeping it all going.
Have you had much support?
The support we've had from the public has been amazing, there have been
continuous letters and every time there's an article in the papers we get a
flood more letters wishing us well, sending in donations to keep the case
going and so on. And that's really what's given us the strength to carry
on. It's not a personal battle between Dave and me and McDonald's, it's
about all campaigners for justice and a fairer world, against multinational
companies and
those who want to just make their profits by walking all over others.
Have you and Dave done this all on your own?
We would never have been able to fight this case on our own. In the first
place we had to have help from Keir Starmer, who's a
barrister, who enabled us to get through the initial stages when we had
absolutely no idea of what we were supposed to be doing. There are other legal
people who've helped us from time to time along the way. There's the thousands
of people who've sent in donations that have enabled us to pay witnesses fares
and all the running costs of fighting the case (photocopying, phone bills
etc). There's all the people who've helped with the support campaign,
especially Dan who co-ordinates it, which has meant that people have actually
heard what's going on with the case and the information that's coming out of
the case. There's no way we could have fought the case on our own.
Have you been getting much help from legal people?
There've been a lot of people who have come forward and they have been
willing to help us because they are concerned about the implications of the
case. But it's been limited because quite a lot of them don't actually have any
libel experience and it tends to be the one's who have libel experience are
very busy lawyers and so the advice we have been able to get has been quite
sporadic and we quite often have to go to different people, which makes it
difficult in terms of continuity. None of the people who have been helping us
with legal advice have read all the papers in the case or even you know, any
great number of the papers in the case. There are about forty thousand pages of
documents and statements and even Keir Starmer, who has given us the most help
and without whom we would never have got to court, has only read a tiny
fraction of all the papers. So we've had no real help with questions to
ask in cross examination or day to day things like that. The only things we
have been able to get legal advice for really are specific legal issues like
when McDonald's blanked out large sections of the documents they disclosed
to us and we challenged that, or for example when we made an application to
join the spies as defendants we got legal advice for that.
Do you think anybody else could have done it?
I think me and Dave are both pretty determined but we haven't got special
skills in how to
cross-examine witnesses or how to put together a case, it's all just what we've
learnt along the way. So I think, providing they had the same sort of backing
as we did, that anybody else could've fought the case.
Are you heroes?
Well from time to time people have suggested that we're heroes, that's most
definitely not how we see ourselves. We just think that we were put in this
situation, we didn't have a lot of choice about what we were going to do, and
to fight the case was something that needed to be done, McDonald's needed to be
stood up to. I think anyone could have fought this case and it just happened
to be us that got the writs We weren't going to apologise so the only option
was to fight the case. I think that lots of people would have done exactly the
same.
How have you and Dave worked as a team?
I think its worked pretty well. Although our politics are pretty similar
and we view McDonald's in much the same way, we seemed to think differently
to each other and approach things in different ways, so we've kind of
complemented each other in court. We prepared our questions for witnesses
by ourselves and didn't really confer til on the way to court, then we found
that we'd mostly thought of different questions, but all of them were useful
points which needed to be explored. So we nearly doubled the effectiveness.
>From time to time we have our differences but at the end of the day there's
a job to be done, and we both feel very strongly about all the issues in the
case and that's what important. You don't have to agree 100% on every
single thing in order to get things done. I think it's only natural that
people would have disagreements, particularly in a case as intensive and
stressful as this, but you have to remember the overall picture and think
about that rather than focusing on minor differences which could paralyse
you if you let them.
Do you ever manage to get away from McDonald's?
During the summer last year I really felt like I needed to get away from the
case and get away from McDonald's as well and I went up to Scotland. I
climbed up Ben Lomond one day and when I got to the top there was this guy
there wearing a T-shirt it was kind of like a take-off of the Flintstones,
it had like a Flintstones McDonald's with a sign saying 'Billions and
billions served'. As it happened I just had 3 ‘What's Wrong With
McDonald's?' leaflets on me and I handed him a copy and it was quite funny
really 'cos he said 'Oh, I don't even like them, it's just a T-shirt.'.
But it's quite incredible, you go to the top of a mountain - it was the last
place I expected to be reminded of McDonald's - and you can't even get away
from them up there.
I'd like to see a world where people have
control of their own lives and communities rather than being dictated to by
the wants of government
and big business
Tell us about the settlement meeting.
After just five weeks of the trial Shelby Yastrow and Dick Starmann from
McDonald Corporation flew over from The States to meet with us to try and
put an end to the case, basically cos they were obviously coming under a lot
of stick for it and getting a lot of bad publicity and they knew it wasn't
going to get any better for them. Shelby Yastrow, is Senior Counsel of the
McDonald Corporation and they're both vice-presidents and it seemed quite
funny that they'd flown all the way over to England just to speak to us -
two campaigners. We took it as a sign of just how scared they were about
the whole case.
We told them our pre-conditions for them to get out of the case; we wanted
an undertaking that they wouldn't sue anybody for any similar criticisms.
This was the one I was most concerned about because I just felt I don't want
them to be able to pull out of this case and then do the same to other
people, and other people have to go through five years of exhaustion and
stress and what have you, fighting a case. The second condition was that
they should apologise to all the people who they've falsely forced into
giving apologies to them in the past. The other condition was that they
should make a donation to a third party organisation, charity, or whatever
in lieu of our costs that we've spent on fighting the case so far.
For their part McDonald's wanted us to agree not to publicly criticise them
again in the future, to effectively totally gag us and obviously there was
no way we were going to agree to that. They were prepared to make a
substantial payment to a third party organisation, in lieu of our costs.
Well, we certainly weren't going to agree to their demands. The whole
reason we were fighting the case was to defend the right to criticise them
and other multinationals, so we were hardly going to agree to gag ourselves.
After the meeting there were a couple of letters, but I think they were
worried about losing face if it got out in the open and so the whole thing
just died down.
Could you have you liked them in another
situation?
No. (laughs)
What were they like as people?
I didn't like them as people, they seemed like typical slimy corporate
executives, who I think treated us like we were really gullible or something.
They wrote a letter to us saying that while they didn't want us to criticise
them publicly, of course they didn't want to curtail our right to freedom of
speech - they wouldn't stop us from having private conversations critical of
McDonald's. It was a joke. We wrote them back a letter saying we would
consider that if they agreed not to run any more advertisements about McDonald
and said 'of course this agreement wouldn't prevent you from privately
recommending McDonald's to your friends and neighbours'. They didn't reply to
that one.
Do you think any of the McDonald's people you've been involved with in
the case
ever really cared about the issues or took seriously any of the criticisms? Or
were they just interested in looking after the image of the company?
I don't really remember any of their witnesses coming over as particularly
sincere in their beliefs about the issues - caring for the environment or any
of the other issues. As far as I could see they just all seemed to be out to do
whatever it was that was necessary to keep the profits coming in, and if it
meant responding to their environmental critics by bringing in recycled bags
they would do that, just so that their business didn't stop.
Have you had any spare time for campaigning on other issues?
For the first sort of six or eight months of the trial. I wasn't doing
anything else. And then it got to the sort of stage where just felt I was
going round the twist continuously thinking about McDonald's and that there
were lots of other issues that I felt were just as important and I didn't
want to give up on them all. So I got a bit more back into getting involved
in other struggles. In particular about a year and a half into the trial
there was a strike started about two miles down the road from where I live,
of fast food distribution workers, totally unconnected to McDonald's. They
were locked out after joining a union to try and improve conditions. They
were having early morning pickets starting at five thirty in the morning, so
I went down and joined in on the picket line before going to court at ten
thirty.
Did that have any effect on the McLibel case?
Well although I was doing it to show solidarity with the strikers it
actually had a beneficial effect on me. It meant that was more time when I
wasn't actually thinking about McDonald's and believe me it does get
mind-numbing thinking about McDonald's the whole time. It was also good to
get back into real life. Often the court room would seem miles away from
reality, with ludicrous discussions over whether it was ok to call £3 an
hour a low wage for example, and it was good to be surrounded by ordinary
people without all that kind of pretence.
If you weren't on the pickets you would have been sleeping, wouldn't
you?
Spending all day thinking about McDonald's...., it had the effect on me
of.... I ended up dreaming about them as well which was really horrible, I
mean it was more like nightmares. So getting up at five thirty in the
morning was probably quite a relief!
How do you support yourself?
After about a year of the trial I got a job working in a night-club, behind
the bar. I work two nights a week, Friday and Saturday nights,
so Fridays I would come home from court and then go out to work a couple of
hours later. I get paid about sixty four pounds a week. One good side effect
was that because I was serving drinks all the time I didn't have time to think
about McDonald's. It was quite a release.
Why has the case taken so long?
The reason the case took so long is because we were being forced to prove
basic common sense view points on a wide range of issues. I think the
employment section in the case really highlights how ridiculous the whole
case is. To me the judge should have thrown out McDonald's case as soon as
they admitted that their workers start at or within a few pence of the
minimum wage. The judge should have just said 'well anyone's entitled to
call the minimum wage low pay that's the end of it, we don't need any more
evidence on that'. Instead of that we sat through eight months of evidence
on employment.
What's so wrong about working at McDonald's?
McDonald's make over a billion dollars profit every year, and could quite
easily afford to pay all their workers a lot more money. They manage to pay
their executives huge sums, so why not pay the workers a decent wage.
McDonald's designed their system basically so that anybody can do the work. It
doesn't take very long to train someone to flip hamburgers or what have you,
and that means really that they can have a production line of workers. They
don't have to worry about paying decent wages to encourage the workers to stay
longer or anything like that cos they can just replace them the next day.
Yeah, but people need the money.
I used to work in a supermarket and the attitude there was the same.
They'd tell you to stay on late without giving you any notice and they
wouldn't be paying you extra pay for it. I think that McDonald's and
supermarkets and so on, they just they just treat workers like
bits of machinery instead of human beings. They don't treat you as though
you had any feelings or you deserved any respect, you're just a means to
them making their profits.
When you had the option in front of you, there must have been some part
of you thinking well it would be easy to apologise?
Well, there have been times when I've really wished that we didn't take the
case on and that we didn't have to fight it, didn't have to go to court
every day. But I think that those feelings are not nearly as strong as the
feelings I'd have if I had apologised. I think I'd be pretty sick with
myself really.
The whole point of fighting the case is to defend
the right to criticise
multinational companies and to make sure that their business practices are open
to public scrutiny and debate. They're all really important issues - how people
are treated in the workplace, the kind of diet being promoted to more and more
people, environmental damage, how animals are exploited. I think it's vital
that people feel able to talk about all these issues without the fear of some
multinational company breathing down their neck, threatening a libel case.
So what else have you learnt in general terms, what has this trial told
you about the British justice system?
I think the trial has just confirmed that the British justice system exists
really to protect the interests of wealthy people and powerful organisations,
to ensure that they can carry on making their profits and to try and prevent
ordinary people from challenging or criticising what's going on.
Under what circumstances would you stop campaigning against
McDonald's?
If all the McDonald's in the world where turned into community centres
where people could drop in and cook their own food and share it with people and
share their experiences then I guess that would be OK (laughs), but I don't
think they'd really be interested in doing that because they wouldn't make any
profits from it.
Is it really
McDonald's you're fighting? Do you really care that much about one
company?
I think McDonald's are just a symbol of what's wrong with the way society is
run. Basically people, animals and the environment are seen as the means
for a minority to make their profits. McDonald's are not really any worse
than any of the other companies it's just that they've got a very high
profile. They spend millions of pounds every year advertising - trying to
push the idea that they're somehow something great for the world. That's
why they were chosen as the subject of criticism by London Greenpeace and
then obviously when they sued us you know, it was a matter of defiance, and
not giving in to their threats.
And what do you and Dave symbolise, do you think?
I think me and Dave are just ordinary people, there's millions of people
around the world standing up to repression and exploitation wherever it occurs,
and we're just part of that.
So what would this world be like?
Well we're really a part of a struggle for a world based on co-operation
and sharing. I'd like to see a world where people have control of their own
lives and communities rather than being dictated to by the wants of government
and big business. Where people make decisions within their own communities
about things that affect their lives rather than having things imposed on them
by people in distant places. And where the environment and animals are
treated with respect.
Don't you think the fundamental selfishness of human nature would not
allow
this to work?
I don't think people are fundamentally selfish. I think there are a few
people - generally people who are in charge of companies who rake in millions
of pounds of profit, who are selfish, but I think the vast majority of ordinary
people actually care a lot about their friends, neighbours and relatives and
even strangers and don't want to see them suffering or going without. We have
to remember that there is actually quite a lot in this world to go round, its
just that at present it's all concentrated in the hands of a small minority of
people. That makes people anxious for their future and more anxious about
hanging on to what they've got. Also constant advertising and hype encourages
us to want things that we don't really need. But if food and resources were
shared equally and we had strong communities I don't think there'd be that
level of anxiety.
But if we created a world that was all sharing then it would be ripe for
exploitation from the others, surely?
I think the selfish minority have to realise that ultimately they can't
carry on the way that they are and that it's in everybody's interests to
share the world's resources and use them responsibly. It's not easy, but
it's up to communities to decide how they want to deal with somebody who's
being greedy and trying to take everything for themselves. You can't really
make a decision here and now when you've got no knowledge about the
particular circumstances.
So what's the next step now? The first steps towards that?
I think the first thing is to encourage people to recognise their own
strength and to stand up for what they believe in. I think the vast
majority of people are sickened by and opposed to injustice and oppression,
and they don't want to see it going on. But it's just a lot of the time
people aren't really sure how they can fight it. We're persuaded to put our
trust in politicians and directors and the like and leave it to them.
They're the ones that are in charge now and have created the mess, they're
not going to get us out of it. Or else we're encouraged to believe that
everything will be alright in the afterlife if we just pray hard enough now.
Why wait for the afterlife that might never come?
We need to get together with friends, neighbours, workmates and others in our
community and start working to create heaven on earth now! Taking control of
our workplaces, streets and communities. Supporting and looking out for each
other, reclaiming land, growing our own food and sharing it. That kind of
stuff really. In the meantime, leafleting is a good way of making links and
spreading ideas.
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