Day 305 - 25 Nov 96 - Page 20


     
     1        rely on for our responsibility for distribution since the
     2        case started of the fact sheet complained of; and it turned
     3        out there was no evidence whatsoever of our responsibility,
     4        that he had not seen us.  In fact, he did not have anything
     5        to connect us directly with the distribution of that
     6        fact sheet.  Therefore, we cannot rely upon the Plaintiffs'
     7        solicitors just to make vague, unsubstantiated, untested
     8        statements about what happened to various leaflets or did
     9        not and who was responsible for them, because that evidence
    10        has to be tested in court.  When we tested Mr. Howes, it
    11        turned out that he had no evidence whatsoever connecting us
    12        with the distribution to a third party of the London
    13        Greenpeace fact sheet since the case started.
    14
    15        That only emphasises how important it is that the
    16        Plaintiffs have an obligation to prove, positively prove,
    17        their case, and they have to do it with evidence given in
    18        the witness box.
    19
    20        Just a few other general points.  In the period that we are
    21        talking about here, October 1989 onwards, for the period
    22        when the agents were involved or coming to meetings, I do
    23        not think there is a single piece of evidence of the
    24        distribution of the fact sheet by anybody other than
    25        themselves or Paul Gravett and Jane in dealing with
    26        inquiries.  The fact there may be X number on a shelf,
    27        which may have been anything from between one and whatever,
    28        some scores -- which may in fact have been copies of the
    29        Veggies fact sheet, in any case, because no original from a
    30        shelf was taken and brought to court and produced and
    31        verified; and, as we know, the front cover of the Veggies
    32        fact sheet is identical to the London Greenpeace
    33        fact sheet.
    34
    35        So, the fact that there may be something that has been
    36        described as a fact sheet (whichever version it was) on a
    37        shelf is not evidence of publication; and the fact that
    38        there may be a few library copies in a filing cabinet,
    39        again, is not evidence of publication.
    40
    41        The only evidence of publication, apart from those admitted
    42        by McDonald's agents themselves, that they are responsible
    43        for, is from the answering of letters which, as we have
    44        heard, I mean, it is possible -- but not proven by
    45        McDonald's, because they have failed to bring any evidence
    46        of the original documentation -- that some were taken to
    47        the odd meeting here and there.  Again, we would say that
    48        has to be proven positively in the witness box with
    49        original documents.  But, in any event, how they got to a
    50        meeting has not been established, if they did get to a 
    51        meeting, and the evidence was given that people sometimes 
    52        brought leaflets to a meeting themselves, I mean, on any 
    53        subject, or some old copies they might have had lying
    54        around.  They may have been brought to a meeting for the
    55        purpose of being given to Mr. Gravett at the end of the
    56        meeting, for his inquiries, for dealing with inquiries.
    57
    58        So, there is nothing during this period which not only
    59        could link me with actual distribution, but with any kind
    60        of indirect responsibility, through I have brought some

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