Day 306 - 26 Nov 96 - Page 34
1 which I obtained on that date".
2
3 MR. JUSTICE BELL: What he says in paragraph 12 of his
4 statement, which he averred in evidence, was during the two
5 or three hours they were present he observed a number of
6 members of the group hand out the leaflet complained of,
7 'What's wrong with McDonald's'. He does not say that he
8 took a copy and therefore this is it, but he identifies the
9 leaflet which he says he saw being handed out by saying it
10 is the same, in effect, as TEC2. You can say that I should
11 not attach weight to that. I will listen to your arguments
12 on it, but that is what his evidence is.
13
14 MS. STEEL: I think the point is, as we have demonstrated
15 yesterday and this morning, Mr. Morris recorded another
16 example, that witnesses are signing to say this is the
17 leaflet that they are referring to when, in reality, they
18 do not actually know which leaflet they are referring to;
19 they are just going on the fact that it was called 'What's
20 wrong with McDonald's', and they may or may not remember
21 the graphics, or whatever.
22
23 The point is that in such a case as this, where there are
24 so many different leaflets all with exactly the same title
25 and all of which have the graphic, it is essential for the
26 Plaintiffs to show and prove that a specific copy was
27 obtained by a specific person on a specific date, and here
28 is the copy in court which they are producing and
29 confirming is the copy that they obtained on that date.
30
31 MR. JUSTICE BELL: Yes.
32
33 MR. MORRIS: Can I just add one point? If someone says this is
34 the leaflet complained of, there is no indication there
35 that it is the leaflet complained of. It is only something
36 which has been characterised as the leaflet complained of.
37 What I am saying is, that person may not have known on that
38 picket what the leaflet complained of was going to be, or
39 at any other event.
40
41 MR. JUSTICE BELL: Yes, except the statement is made in June
42 1993, after these proceedings were started.
43
44 MR. MORRIS: It is based upon notes that they made. Almost all
45 the witnesses, and certainly the solicitors, have assumed
46 that when someone says, 'What's wrong with McDonald's'
47 leaflet, they mean the leaflet complained of. The whole
48 thing is a bit of a -----
49
50 MR. JUSTICE BELL: Yes. Anyway, carry on with what you want to
51 say about it.
52
53 MS. STEEL: On day 237, page 13, line 4, Mr. Carroll said that
54 the copies of the documents were not handed to him at the
55 picket but were passed to him over the following days, and,
56 most importantly in this case, on day 237, page 18, line
57 20, Mr. Carroll admitted that he had no idea how these
58 copies had been obtained; he did not ask anybody about
59 where they had got them from. So there is absolutely no
60 evidence that they were obtained on the demonstration on
