Day 307 - 27 Nov 96 - Page 64


     
     1        fact sheet.  He was sitting at the back of the court.  How
     2        can he possibly tell, based on the so-called thickness of
     3        the documents -- which would be three sheets at a time,
     4        maybe, if it was the fact sheet -- how can he tell from the
     5        back of the court, looking down here, with people sitting
     6        in between, that they were all copies of the fact sheet?
     7        He just cannot.  It is just completely unreliable evidence,
     8        and no weight at all can be attached to it.  That is
     9        obviously aside from the point that he did accept that he
    10        had not seen where these tourists had got their copy from,
    11        and he did not see any being taken from this so-called pile
    12        behind us.  So, I think that really deals with that
    13        evidence.
    14
    15        Obviously, there was my evidence to the effect that
    16        I certainly was nothing to do with distributing any copies
    17        of the fact sheet in court.  I have not looked that up, but
    18        that is mainly because I feel that we have not even got a
    19        case to meet on that point.
    20
    21        The other alleged instance of publication of the fact sheet
    22        is the publication on McSpotlight and the Web site.  As
    23        I gave evidence before, I did not actually know that the
    24        fact sheet was on the McSpotlight Web site when we launched
    25        the site.
    26
    27   MR. MORRIS:   I don't think there was any evidence that it
    28        actually was on the site.  McDonald's brought some
    29        document, but there was no witness to back it up.
    30
    31   MS. STEEL:   The document they brought is dated two days after
    32        the launch.  But even if the fact sheet was on the
    33        McSpotlight site at the launch of it, the fact that you
    34        launch something or open something does not mean that you
    35        can be held responsible for everything that is done on
    36        whatever you are launching.  For example, if some MP opens
    37        a library, or something like that, they cannot be held
    38        responsible for every book that is available in that
    39        library.  So, it is basically completely irrelevant; and
    40        that is really what the Web site is:  it is a library of
    41        information about McDonald's which -- I was cross-examined
    42        about this, and I did say, as far as I am aware, the aim of
    43        it was to provide accurate information about McDonald's,
    44        and I did not see that there was anything wrong with that.
    45        Presumably, an MP would express the same sentiments about a
    46        library, that they could not see anything wrong with having
    47        information available to the public for them to read.
    48
    49        The other point that I wanted to raise about the fact sheet
    50        being on the McSpotlight Web site, according to this 
    51        document on 16th February 1996, is that -- I don't know if 
    52        you have still got a copy of this thing? 
    53
    54   MR JUSTICE BELL:  Well, somewhere.  Do you want me to turn it up
    55        now, or are you just going to tell me?
    56
    57   MS. STEEL:   I will just read it.  It will be on the transcript,
    58        so you can get it in three weeks' time.
    59
    60        In the top right-hand corner of the page where the fact

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