Day 263 - 14 Jun 96 - Page 10


     
     1        announcements from the stage during the day (co-ordinating
     2        events).  She was in a relationship with someone in
     3        London Greenpeace."
     4
     5        That, if it was to be put as a formal pleading, can be
     6        turned into one, but it should be taken as a particular of
     7        the consent argument.  Her involvement is central to our
     8        consent argument and McDonald's knowledge of that, because
     9        of the notes and the reports that she made; and those notes
    10        and reports should be disclosed; they are clearly relevant.
    11
    12        Those particulars were given on 7th July 1996.  Do you
    13        remember that note?  It was a handwritten list of points.
    14
    15   MR. JUSTICE BELL:  I have that, yes.  Ms. Steel's list of
    16        points.  Yes, I have that.  I have put it, for future
    17        reference, at the front of the publication section in your
    18        pale blue volume.
    19
    20   MR. MORRIS:  The seventh agent, although the Plaintiffs say they
    21        cannot identify that agent, obviously their contribution
    22        will appear in the reports, either by some number or
    23        something or just -- the information will appear in the
    24        reports.  So, really, the reports or the notes (if they are
    25        available) of the seventh agent will be the best
    26        information, available test, or the best evidence --
    27        I cannot remember the word, what the test is -- that if the
    28        witness is unable to be identified.....
    29
    30        For all we know, actually, if we get the reports, we may be
    31        able to identify the seventh agent; and we ought to have
    32        that opportunity.  So, in fact, it is almost certain that
    33        we will be able to identify the agent; and the fact that
    34        the Plaintiffs do not know the name is not really
    35        relevant.  The important thing is that the records of that
    36        agent will almost certainly lead to identification one way
    37        or the other.  In any event, the material in those reports
    38        related to the seventh agent are relevant, whether or not
    39        we can identify that agent.
    40
    41        It all relates to consent, at least our pleadings about
    42        consent.  I will be relying, for example -- and there is no
    43        secret -- on the fact that Mr. Pocklington attended 26
    44        meetings for the time when I attended, in his evidence,
    45        something like three or four -- I cannot remember now.
    46
    47        Therefore, if agents of McDonald's between them may have
    48        totalled a tally of 70, 80 or 90 or something meetings, we
    49        are entitled to know how many meetings each agent attended
    50        and what they did, because it is part of the consent 
    51        argument on both sides; and it can be that what is sauce 
    52        for the goose is sauce for the gander.  I cannot remember 
    53        if that is the right phrase.  It will be impossible for the
    54        court to make any kind of fair judgment on the consent
    55        argument, on the Plaintiffs' side of their consent, without
    56        knowing the extent of involvement of their agents.
    57
    58        I am sorry if I am repeating myself a little bit.  I am
    59        thinking on my feet.
    60

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