Day 057 - 29 Nov 94 - Page 54


     
     1        "(6) Our Defence", etc., and they are relying on this
     2        document.
     3
     4   MR. JUSTICE BELL:  Let me just turn it up.  Which part of page
     5        11?
     6
     7   MS. STEEL:  I think it is page 8 of tab 1 that is at the back of
     8        that.
     9
    10   MR. JUSTICE BELL:  Page 266.
    11
    12   MS. STEEL:  275 at the bottom.  I think it has 8 at the top.
    13        Well, the page before has 7 at the top.
    14
    15   MR. JUSTICE BELL:  370 it has got on.
    16
    17   MS. STEEL:  275 it should have on it.
    18
    19   MR. JUSTICE BELL:  "What is wrong with McDonald's"?
    20
    21   MR. MORRIS:  No.
    22
    23   MR. JUSTICE BELL:  If I turn to tab 1 I have a document with a
    24        (viii) in the top right-hand corner, is that what you are
    25        referring to?
    26
    27   MR. RAMPTON:  My Lord, it looks like that.  It is headed
    28        "Greenpeace (London)".  It has 275 at the bottom of the
    29        page.
    30
    31   MR. JUSTICE BELL:  All the numbers are in a funny order I go
    32        from 273 which is Greenpeace (London) 18.5.91 to 265.
    33
    34   MS. STEEL:  In the top right-hand corner there should be the
    35        numbers 1 to 6, but where it is like a double-sided leaflet
    36        the second page is not numbered but it is No. 6.
    37
    38   MR. ATKINSON:   My Lord, they are in funny order because they
    39        are taken from the trial bundles.
    40
    41   MR. JUSTICE BELL:  I have it now, thank you.  I have to say it
    42        is almost entirely illegible, my copy.
    43
    44   MS. STEEL:  The point I want to make on this is, it is a legally
    45        privileged document.  It is not a leaflet.  It was
    46        correspondence with a potential witness.  I do not know how
    47        the Plaintiffs got hold of it, but we object obviously
    48        strongly to them trying to use it in evidence -- well, we
    49        just object strongly to them using it in any form really.
    50        It cannot be relied upon as a leaflet. 
    51 
    52   MR. JUSTICE BELL:  I will hear what Mr. Atkinson says.  Who do 
    53        you say it is addressed to, do you mind telling me that?
    54
    55   MS. STEEL:  It has been scribbled out.
    56
    57   MR. MORRIS:  It is addressed to Alexander Bonilla who appears in
    58        "Jungle Burger".  He is now an adviser to the ministry of
    59        something or other in Costa Rica.  The document here is a
    60        copy of the relevant section of our pleaded particulars

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