Day 304 - 22 Nov 96 - Page 27


     
     1        to one side for the moment.
     2
     3   MS. STEEL:   Yes.  2nd October 1989.
     4
     5   MR. RAMPTON:   My Lord, I am sorry to interrupt.  There is one.
     6        I will pass it up now because I have dozens of copies of
     7        this.  It has been printed as though it is two sheets, but
     8        it is not.
     9
    10   MR. JUSTICE BELL:   Where did you find it?
    11
    12   MR. RAMPTON:   My Lord, that is in Publication 1A, tab 16.  It
    13        is a slightly different typeface, but it is the same
    14        document.  There are also some behind Mr. Carroll's
    15        statement, but they do vary a bit.
    16
    17   MR. JUSTICE BELL:   Yes, thank you.  2nd October 1989, then.
    18
    19   MS. STEEL:   Right.  This was the Hackney and Islington Animal
    20        Rights meeting about McDonald's.  Firstly, there is no
    21        evidence which has been given in this case to link either
    22        myself or Mr. Morris to this event, either by reference to
    23        individual acts or by any causal connection between us and
    24        Hackney and Islington Animal Rights.  The only witness
    25        there is in relation to this event is Mr. Pocklington, and
    26        there was no evidence from him that the fact sheet was
    27        distributed at this event.  Therefore, the Plaintiffs' case
    28        on publication on this occasion by us or by our agents, or
    29        whatever, has to fail, because there is just no evidence of
    30        any publication -- full stop.
    31
    32        Moving on to 21st October 1989, Mr. Pocklington dealt with
    33        this event in his statement; and a copy of the fact sheet
    34        was appended to his statement, which, it was asserted in
    35        the statement, that that fact sheet was collected on the
    36        day.  However, during cross-examination, Mr. Pocklington
    37        accepted that there was no mention of any leaflets being
    38        picked up in the contemporaneous notes that he made at the
    39        time, and he was unable to recollect which leaflets, if
    40        any, he had picked up.  That was on -- I am just trying to
    41        find the reference for it.  Sorry.
    42
    43   MR. JUSTICE BELL:  I have a note of that.
    44
    45   MS. STEEL:   OK.  I have got a page number for it, but I have
    46        lost the day.  It is page 60, line 53, anyway.
    47
    48   MR. MORRIS:   I think it is -----
    49
    50   MS. STEEL:   I think it is day 261. 
    51 
    52   MR. MORRIS:   Day 261, yes. 
    53
    54   MS. STEEL:   Additionally, Mr. Pocklington did not say that
    55        either myself or Mr. Morris were seen distributing any
    56        leaflets on that occasion.  Therefore, there cannot be any
    57        direct publication by us on that day.
    58
    59        Further, on the issue of whether or not we would be liable
    60        for publication by others, the evidence was, from

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