Day 276 - 09 Jul 96 - Page 19
1 only a matter of about three feet at the most between the
2 photograph No. 4 in tab 5 and photograph No. 12 in tab 6.
3 The black and white one.
4
5 If you actually look at my photograph No. 13, you may
6 be have to look at the original, because you can just about
7 see it, but the man is cut off but you can see the leaflets
8 in his hand and you can see that the graphic is only the
9 top half of the page, which was the A5 version. Whichever
10 version it was, it was the A5 version not the fact sheet,
11 because the fact sheet, the graphic, is nearly the whole
12 page and it is sort of in the middle. I do not know if you
13 want to look at that. But you can clearly see that the
14 man--.
15
16 MR. JUSTICE BELL: I think I should look at the original?
17 A. You can clearly see that the man who is holding the
18 box, you can recognise him by what he is wearing and where
19 he is standing, has in his hand copies of leaflets with the
20 graphic in the top half, so it is the A5 "What is wrong
21 with McDonald's?".
22
23 Q. Do you have the original there?
24 A. Yes, it is here (handed).
25
26 Q. I think Mr. Rampton had better see it. I would like to
27 have the original back, please?
28 A. That is photo No. 13. I do not know if that has
29 already been said. You can see that there is no "What is
30 wrong with McDonald's?" written across the top, because
31 that it appears halfway down the A5 version rather than at
32 the top as it is on the fact sheet at the top.
33
34 Q. I have to say that it is not clear to me that it is either
35 one or the other looking at it?
36 A. If you look at the fact sheet it has got "What is wrong
37 with McDonald's?" written across the top of it and the
38 traffic is actually towards the bottom of it whereas if you
39 look at the A5 version the graphic is right at the top and
40 "What is wrong with McDonald's?" appears underneath.
41
42 Q. I appreciate the difference, but what I am saying is it is
43 not clear to me one way or the other looking at the
44 original, and I merely say that if anyone wants to take any
45 further steps with the photographs.
46
47 MR. RAMPTON: I should say we have searched several times --
48 "we", I mean McDonald's have searched several times -- for
49 the negatives of those.
50
51 MR. JUSTICE BELL: What I am saying is to my eye it is too
52 indistinct to draw my reliable conclusion as to whether it
53 is the front of the fact sheet or the front of the A5
54 copied on both sides.
55
56 MR. RAMPTON: My Lord, I do not know if your Lordship knows
57 this, but there is not, I think I said it when I opened the
58 case, there is no dispute that the shorter one was
59 distributed on that day as well.
60
