Day 250 - 15 May 96 - Page 55
1 Q. If it turns out that the A5 leaflets are exactly the same
2 size, or as near as -- well, within a few milimetres, you
3 would accept there is no basis for saying -- you have no
4 basis for saying that these might be copies of the fact
5 sheet?
6
7 MR. JUSTICE BELL: No, I think we have lost track of where it
8 started. This started purely and simply by you challenging
9 the witness that the fact sheet did not appear in any of
10 the photographs. That was your suggestion. All he is
11 doing is not agreeing with you about that because he thinks
12 that some of the leaflets we can see may be. That is all.
13 So he is not accepting at face value your suggestion that
14 it does not appear. That is all it amounts to.
15
16 MS. STEEL: I actually said, "Can you see anyone in these
17 photographs handing out the leaflet complained of in this
18 action?"
19
20 MR. JUSTICE BELL: Yes. I interpreted that as a challenge that
21 he could not, rightly or wrongly.
22
23 MS. STEEL: The photograph number -----
24
25 MR. MORRIS: This is the first one.
26
27 MR. JUSTICE BELL: I suggested that Mr. Rampton was premature in
28 his intervention because, strictly, you have until the end
29 of your cross-examination to put your case to the witness
30 since he is the only one who comes on this; but I think you
31 had better suggest to him what these various leaflets are.
32
33 MS. STEEL: There were all sorts of leaflets being handed out
34 on that day.
35
36 MR. JUSTICE BELL: If you have a positive case that, for
37 instance, you did not hand out the leaflet in question but
38 that you handed out another kind of leaflet, or that any of
39 the people we can see holding what might be leaflets are
40 holding this, that or the other, then you should put it to
41 the witness. I think we have reached the stage where you
42 should do it.
43
44 MS. STEEL: It is in my statement.
45
46 MR. JUSTICE BELL: Put it to the witness nevertheless.
47
48 MS. STEEL: It is my case that I do not think I handed out any
49 leaflets whatsoever on that day and that the
50 London Greenpeace fact sheets which are the subject of the
51 action -----
52
53 MR. JUSTICE BELL: I would like you to put that to
54 Mr. Nicholson, that you did not hand out any leaflet, if
55 that is your case.
56
57 MS. STEEL: The other point I cannot put to the witness which
58 is that, the strong point that I do not think -- well,
59 I know for a fact I certainly was not widely distributing
60 the London Greenpeace fact sheet is because the group --
