Day 306 - 26 Nov 96 - Page 37


     
     1        supposition that I was handing out leaflets on that day,
     2        which is based on the fact that I have handed out leaflets
     3        on other occasions outside the Head Office subsequent to
     4        the writs being served on us.
     5
     6        There is a similar point made on day 236, page 45 over to
     7        46 that he had been on all of the demonstrations and that
     8        all of them had similar sorts of things, people handing out
     9        leaflets.  He actually said -- I will just check this one.
    10        (Pause).  Just in relation to one of the other pickets,
    11        Mr. Rampton actually asked him: "Did people give out
    12        leaflets on those occasions, do you remember?"  He
    13        said: "I think they did".  Then he said:  "Yes, they must
    14        have done."  It is clear there that he is not actually
    15        remembering it; he is picking up a pattern of behaviour and
    16        assuming that it would, therefore, have happened on that
    17        date as well, which is exactly what he has done when he
    18        wrote his statement in 1983 about what had happened on
    19        October 16th, 1989.
    20
    21        Just in relation to Mr. Carroll, he also said that he had
    22        been to the pickets of the Head Office in October 1987 and
    23        1988.  He said that in his statement and in evidence
    24        in-chief.  But when we were cross-examining him about that
    25        he actually said -- this is on page 40 of day 237 -- we
    26        asked: "Why do you remember that there were pickets on
    27        those dates?"  He said: "I am not positively certain, but
    28        I imagine I think I have read something since, but my whole
    29        recollection of 1987/88 is extremely hazy."  Then we
    30        asked: "So you do not even know that it is from your own
    31        knowledge?"  He said: "That is correct."
    32
    33        So, I just think there is a very real danger that the
    34        evidence from Mr. Carroll is a mixture of other people's
    35        recollections, what other people have told him, a large
    36        part of supposition, confusing one picket with another,
    37        making assumptions that if someone was handing out leaflets
    38        on one picket they would have been doing it on another
    39        picket and making assumptions about which particular
    40        leaflets were being handed out on, for example, the 16th
    41        October 1989.
    42
    43   MR. MORRIS:   Can I just say one thing else about Terry
    44        Carroll.  If you remember, we questioned him about the memo
    45        he had written to, I think it was Germany, about
    46        anti-McDonald's day and I cannot remember where the
    47        reference was but I am sure you would have taken some note
    48        of it.  I put it to him in the witness box that he
    49        exaggerated and invented and just generally misdescribed
    50        what he was describing in that memo.  That should be taken 
    51        into consideration, if that was clear, going to his 
    52        credibility in describing these events that Ms. Steel has 
    53        been through.
    54
    55   MS. STEEL:   If I just say that I read that part of the
    56        transcripts and it is somewhere near the stuff about the
    57        hurricane.
    58
    59   MR. JUSTICE BELL:   Yes.
    60

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