Day 306 - 26 Nov 96 - Page 52


     
     1        evidence of it being distributed on that date.
     2
     3   MR. MORRIS:   If I can just say a couple of things?  We have had
     4        to refer mainly to McDonald's witnesses, because we just
     5        did not have the time to deal with evidence of our
     6        witnesses on this subject.  That is the first thing.
     7
     8        Secondly, obviously, we have concentrated -- again, to save
     9        time -- on the admissions and contradictions contained in
    10        the Plaintiffs' witnesses' evidence, which we feel,
    11        obviously, are significant because they are against their
    12        better judgment and against the party who they are
    13        appearing for, and, therefore, they are more significant
    14        than 20 statements to the opposite which are following the
    15        line of the Plaintiffs.
    16
    17        Lastly, as far as our witnesses are concerned, we have
    18        complete confidence in them, like we have with every single
    19        witness who has appeared in this case for us, that they are
    20        telling the truth and, therefore, we do not have to scour
    21        around their evidence to look for the best points.  We are
    22        happy to embrace their evidence.
    23
    24        If I can just say that even the witnesses that we have gone
    25        through today and yesterday, we have only touched the
    26        surface.  I am not saying we should have outlined every
    27        single relevant point, but we are conscious even now, as we
    28        look through them, we find all kinds of odds and ends which
    29        are significant.  I have not looked at Anthony Pocklington
    30        at all.
    31
    32   MR. JUSTICE BELL:  I have.  I have read all the transcripts of
    33        all the witnesses in relation to publication, and I heard
    34        them when they gave their evidence in the first place.
    35        Your only purpose here is to direct me at the main points.
    36
    37   MR. MORRIS:   All I am saying is -- well, let me just say about
    38        Mr. Pocklington that I will try to identify in writing the
    39        points that I would have made verbally if I had had time,
    40        but I am not very good at typing and everything, but I will
    41        try to do so.
    42
    43   MS. STEEL:   Can I just say briefly as well that I did not have
    44        time to go through my evidence and the evidence of
    45        Ms. Laporte and Mr. Gravett in terms of the things that
    46        I had countered, that were assertions made by the spies,
    47        such as Mr. Clare, that I had admitted distribution of the
    48        fact sheet and having written the fact sheet, and
    49        whatever.  Whatever was alleged in the spies' notes,
    50        obviously I replied to it in my evidence and it was dealt 
    51        with by Mr. Gravett and Ms. Laporte.  I have not had time 
    52        to go through that, but obviously I would like that taken 
    53        into consideration.  It is not that I do not think it is
    54        significant.
    55
    56   MR JUSTICE BELL:    Very well.  We will adjourn now, and
    57        continue with what you want to say to me about the
    58        counterclaim at 10.30 in the morning.
    59
    60                         (The Court Adjourned)

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