Day 250 - 15 May 96 - Page 57
1 particular leaflet, I would like you to put it to the
2 witness so that I know that that is the case.
3
4 MS. STEEL: To me it looks like the A5 version of the -- well,
5 actually there were versions by London Greenpeace and by
6 Hackney and Islington Animal Rights and by any number of
7 different organisations, but it looks like an A5 "What's
8 Wrong with McDonald's" leaflet, some of which do -----
9
10 MR. JUSTICE BELL: I am sorry, I think there is a
11 misunderstanding. We can all look at the photographs and
12 draw conclusions about those which may be a positive
13 conclusion or merely that one cannot draw any conclusion
14 safely at all.
15
16 What I am putting to you is that it is common ground that
17 you were at the demonstration on the 16th October, 1989,
18 and if you are going to go into the witness box in due
19 course and say, "This leaflet was not handed out but this,
20 that or the other leaflet was", I would like you to put
21 that to the witness and suggest that leaflet is this one or
22 this one or this one. It is no sacrifice to do that. It
23 just helps the judge follow the detailed issues as well as
24 the broad ones.
25
26 MS. STEEL: The problem is that on these pickets it is standard
27 practice for people, basically, to bring along any leaflets
28 which they want to hand out. So I cannot specifically say
29 whether that woman is holding the London Greenpeace A5
30 leaflet, the Veggies A5 leaflet, the Hackney and Islington
31 A5 leaflet, or one she has written herself. All I know is
32 that it is certainly not the fact sheet which is complained
33 of in this action. That is the difficulty. I am not
34 trying to avoid putting the case. But my recollection is
35 that I personally did not hand out any leaflets on that
36 day.
37
38 As to what other people were handing out, I am aware that
39 London Greenpeace generally -- well, all the discussions
40 that I ever heard concerning what leaflets would be handed
41 out on the streets were that it would be the A5 version,
42 not the fact sheet, and that is what appears to be handed
43 out on that day. That is my position. It is very
44 difficult for me to put that to the witness as a question.
45
46 MR. JUSTICE BELL: That is helpful. Is it your case that you
47 did not, for instance, pick up any leaflets and hand them
48 to another woman, as Mr. Nicholson has suggested, because
49 I think if -----
50
51 MS. STEEL: At this distance in time I just honestly cannot
52 remember but, you know, the first time Mr. Nicholson
53 mentioned it was three weeks ago. So, I have had no cause
54 to sort of think back. All I can remember doing at the
55 picket was holding the banner and taking a lot of
56 photographs.
57
58 MR. JUSTICE BELL: Just pause a minute. What I made as the
59 note, because subject to anything Mr. Rampton wants to say,
60 if I have got this clear -- I think you have made it
