Day 250 - 15 May 96 - Page 55


     
     1   Q.   If it turns out that the A5 leaflets are exactly the same
     2        size, or as near as -- well, within a few milimetres, you
     3        would accept there is no basis for saying -- you have no
     4        basis for saying that these might be copies of the fact
     5        sheet?
     6
     7   MR. JUSTICE BELL:  No, I think we have lost track of where it
     8        started.  This started purely and simply by you challenging
     9        the witness that the fact sheet did not appear in any of
    10        the photographs.  That was your suggestion.  All he is
    11        doing is not agreeing with you about that because he thinks
    12        that some of the leaflets we can see may be.  That is all.
    13        So he is not accepting at face value your suggestion that
    14        it does not appear.  That is all it amounts to.
    15
    16   MS. STEEL:  I actually said, "Can you see anyone in these
    17        photographs handing out the leaflet complained of in this
    18        action?"
    19
    20   MR. JUSTICE BELL:  Yes.  I interpreted that as a challenge that
    21        he could not, rightly or wrongly.
    22
    23   MS. STEEL:  The photograph number -----
    24
    25   MR. MORRIS:  This is the first one.
    26
    27   MR. JUSTICE BELL:  I suggested that Mr. Rampton was premature in
    28        his intervention because, strictly, you have until the end
    29        of your cross-examination to put your case to the witness
    30        since he is the only one who comes on this; but I think you
    31        had better suggest to him what these various leaflets are.
    32
    33   MS. STEEL:   There were all sorts of leaflets being handed out
    34        on that day.
    35
    36   MR. JUSTICE BELL:  If you have a positive case that, for
    37        instance, you did not hand out the leaflet in question but
    38        that you handed out another kind of leaflet, or that any of
    39        the people we can see holding what might be leaflets are
    40        holding this, that or the other, then you should put it to
    41        the witness.  I think we have reached the stage where you
    42        should do it.
    43
    44   MS. STEEL:  It is in my statement.
    45
    46   MR. JUSTICE BELL:  Put it to the witness nevertheless.
    47
    48   MS. STEEL:   It is my case that I do not think I handed out any
    49        leaflets whatsoever on that day and that the
    50        London Greenpeace fact sheets which are the subject of the 
    51        action ----- 
    52 
    53   MR. JUSTICE BELL:  I would like you to put that to
    54        Mr. Nicholson, that you did not hand out any leaflet, if
    55        that is your case.
    56
    57   MS. STEEL:   The other point I cannot put to the witness which
    58        is that, the strong point that I do not think -- well,
    59        I know for a fact I certainly was not widely distributing
    60        the London Greenpeace fact sheet is because the group --

Prev Next Index