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

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