Day 306 - 26 Nov 96 - Page 50
1 that one that was being distributed. As we all know, there
2 were several different "What's wrong with McDonald's"
3 leaflets, including one that was, for all intents and
4 purposes, identical, being the Veggies fact sheet; but
5 nobody could tell the difference between those unless they
6 opened them -- nobody could tell the difference between
7 those fact sheets and the London Greenpeace ones unless
8 they opened them up.
9
10 Really, for all these reasons, the evidence on this issue
11 is not probative one way or the other and does not, taken
12 with all the other evidence that the fact sheets, for
13 example, would not be handed out in the streets and that
14 Mr. Gravett, who organised taking leaflets and so on, did
15 not take any to the picket, the evidence does not make it
16 more likely than not, on the balance of probabilities, that
17 I was distributing the leaflet complained of. The evidence
18 all points the other way: that the fact sheets were not
19 present on the demonstration and were not being distributed
20 -- certainly, that I was not distributing them; and that
21 Plaintiffs have not proved their case, because they cannot
22 identify with any certainty at all what leaflets were being
23 distributed on that day.
24
25 The reference about Mr. Nicholson when he was talking about
26 the leaflets being the same size and him saying that he was
27 identifying them by the height and width was on day 250,
28 page 60, line 50.
29
30 Can I just say something else, actually, which I had
31 forgotten to bring up, which is this business about
32 Mr. Nicholson taking a copy of the fact sheet from a man.
33 In actual fact, on day 249, page 20, line 17, Mr. Rampton
34 asked Mr. Nicholson: "It was a male protester, was it?" He
35 actually said: "I am pretty sure it was." So, you know, if
36 he is not even sure whether or not it was a man handing out
37 the leaflets, his memory cannot actually be that clear of
38 the event.
39
40 Another point is that on day 249, page 24, Mr. Nicholson
41 referred to the fact that they had copies of the fact sheet
42 coming in from all over the place -- from the
43 United States, Canada, Europe, Japan, and so on. So the
44 point is, they have got lots of fact sheets coming into
45 their head office; so, all these ones that are being handed
46 over to the solicitors, either by Mr. Carroll or by
47 Mr. Nicholson, could be coming from anywhere, rather than
48 the pickets. It is not as though there is no other source
49 for these leaflets, that they must have come from the
50 picket.
51
52 I have not really -- I mean, I realise what the time is,
53 and I have not had time to go through Miss Tiller's
54 evidence, for example, but obviously that is going off the
55 16th October.
56
57 MR JUSTICE BELL: What I think we should do is stop now, because
58 one can keep extending time indefinitely, and I am not
59 prepared to do that because I think you have had a
60 perfectly reasonable opportunity to say what you want to
