Day 263 - 14 Jun 96 - Page 09


     
     1   MR. JUSTICE BELL:  That covers everything, does it not?
     2
     3   MR. MORRIS:  It does, because, I mean, that is the -----
     4
     5   MR. JUSTICE BELL:  I am not saying at the moment I accept it.
     6        I have to weigh it up.  But does it not boil down to the
     7        suggestion that the presence of inquiry agents instructed
     8        by the Plaintiffs at any meeting or event which involved
     9        London Greenpeace, whether or not you were there and
    10        whether or not McDonald's was mentioned, might have
    11        encouraged the activities of London Greenpeace generally,
    12        so as to amount to implied consent of the Plaintiffs to any
    13        London Greenpeace activities and, therefore, to any
    14        anti-McDonald's Greenpeace activities.  That is what your
    15        argument boils down to.  I am not saying I accept it, but
    16        does not that summarise it?
    17
    18   MR. MORRIS:  It does, it does.
    19
    20   MR. JUSTICE BELL: I have to get my mind round the alternative
    21        proposal.
    22
    23   MR. MORRIS:  Yes.  I mean, it could be argued: "Oh, no, that is
    24        going to give us lots of bit of paper, and, oh no, we have
    25        to finish the case by July 18th", but I think this matter
    26        is so important, I think everyone will accept it is so
    27        important -----
    28
    29   MR. JUSTICE BELL:  I will not make my decision guided by that.
    30        At this stage in the case, I will be scrupulous to try, in
    31        so far as it is possible for me to achieve it, to keep out
    32        what is not relevant, because there is no point in having
    33        it in; it only extends the time of the trial.  But if it is
    34        relevant, then it is just too bad.
    35
    36   MR. MORRIS:  Right.
    37
    38   MR. JUSTICE BELL:  Subject to privilege and any waiver of
    39        privilege.
    40
    41   MR. MORRIS:  Right.  If I could just say something about what we
    42        might call the other three agents.  Fran Tiller, we are
    43        calling -- Frances Tiller -- and, obviously, her notes are
    44        going to be live evidence, if they are discovered, you
    45        know, will be live evidence and used by her, and whatever.
    46
    47        As far as Michelle Hooker is concerned, we can say that we
    48        have made all due inquiries, which have been quite
    49        substantial, and we cannot trace her.  Her notes and the
    50        reports should be disclosed as relevant.  I will come on to 
    51        post-1990 in a minute.  As we have stated -- in fact, we 
    52        have pleaded; let me just say what we have effectively 
    53        pleaded -- we have pleaded a particular, if you like:
    54
    55        "Michelle Hooker attended London Greenpeace meetings until
    56        May 1991.  She regularly attended pickets of McDonald's
    57        stores in North London (Dalston, Seven Sisters)" -- that is
    58        two stores -- "and distributed anti-McDonald's leaflets.
    59        She was involved in organising the London Greenpeace fair
    60        in 1990" -- that is October 1990 -- "including making

Prev Next Index