Day 307 - 27 Nov 96 - Page 31
1 MS. STEEL: No, not really, because -- I am actually really
2 tired and finding it quite hard to think -- because there
3 is no -- they have not shown any evidence that we organised
4 anything or that we denied -- I mean, we were not asked any
5 interrogatories.
6
7 MR. JUSTICE BELL: That may be so, but it is a matter I have to
8 grapple with. Whether I find in favour of the Plaintiffs
9 in respect of that last long sentence depends upon what
10 I make of the evidence as to your part, if anything, in the
11 campaign. You have your argument about that and you have
12 presented it and Mr. Morris did as well on Friday, Monday
13 and yesterday. But it is back on that same issue.
14
15 MS. STEEL: Right. If I just go through the points I want to
16 make in relation to page 10:
17
18 Firstly, I would say that even if they proved the prominent
19 roles in the campaign, which I do not think they can prove,
20 it would not be enough to justify having a leading role.
21 They are two different things, and the press releases and
22 the leaflets say "leading". I mean, for example -- well, I
23 do not know. They are just two different things, really.
24 Also, it should be noted that they say "for many years" .
25
26 Now, obviously, since this trial actually started, we have
27 come to be identified with McDonald's, with the campaign
28 against McDonald's, probably in the public eye, but it
29 cannot be inferred from that that we must have been
30 prominent figures beforehand. It is just not safe to do
31 that. The only reason we have become associated with the
32 campaign against McDonald's is because of this case.
33 Basically, McDonald's have to show, they have to bring
34 evidence to show that, for many years, we had leading roles
35 in the anti-McDonald's campaign. We would say they simply
36 cannot do that because it is not true.
37
38 The Plaintiffs say that they are relying on the various
39 particulars and the witnesses statements of Sidney
40 Nicholson, Terence Carroll, Edwina Bensilum, Alan Clare,
41 Jack Russell, Roy Pocklington, Brian Bishop. Firstly,
42 obviously, Edwina Bensilum was not called. The Plaintiffs
43 chose not to call her. That is up to them. There are no
44 examples of any prominent or leading roles in the
45 anti-McDonald's campaign from any of those witnesses. Mere
46 attendance at a demonstration does not make you have a
47 prominent role or make you into a leader. The only
48 possible exception is the evidence of Mr. Clare about
49 so-called admissions that we made. But, I mean, obviously,
50 this comes down to evidence, but, as we say, we consider
51 that his entire evidence is completely discredited for all
52 the reasons that we gave over the past couple of days.
53
54 The Plaintiffs have not shown a single example of us
55 organising a demonstration, of either of us organising a
56 demonstration and nor for organisation of the
57 anti-McDonald's fairs or any of them. Just in that regard
58 -- actually, I will come back to that later, because I was
59 going to give you some examples from the evidence about
60 what Nicholson said. If I finish off the general point
