Day 305 - 25 Nov 96 - Page 46
1 Then it says, "Many other movements are growing in
2 strength: Ecological, anti-war, animal liberation and
3 anarchist libertarian movements". I think "libertarian
4 movements", the word "libertarian" just means "committed to
5 freedom", "and continually learning from each other". Then
6 it says, and this is an important point: "We encourage
7 people to think and act independently without leaders to
8 try to understand the causes of oppression and to aim for
9 its abolition through social revolution. This begins in
10 our own lives now".
11
12 The point about "to think and act independently without
13 leaders", here we have, in the original document complained
14 of, a statement how there is no agency argument that we
15 believe can run in this case. There are no leaders and
16 led, people issuing instructions, no structure, no
17 membership that can be considered to be that of an
18 unincorporated association or higher and, even if it was an
19 unincorporated association, it would not be enough to
20 satisfy McDonald's claim.
21
22 That, going along with the evidence of our witnesses,
23 including Ms. Tiller -- she said something to the effect
24 that it was hard to tell even if a decision had been made
25 at meetings. I think that the Plaintiffs have the burden
26 of proof to show how we influenced a specific decision that
27 resulted in the distribution of the fact sheet, influenced
28 for that end. Otherwise, they cannot show responsibility.
29
30 Really, as I say, because that is not a coincidental thing,
31 it is not the lack of leadership or lack of people in those
32 positions, it is a conscious basis for the nature of those
33 meetings. That applied to all manner of things that were
34 discussed at those meetings; for example, the responding to
35 inquiries. I cannot remember which agent it was who said
36 he was not told what letters to put in; he was just left to
37 his own initiative; put what leaflets in what you like; do
38 a cover letter, if you like, or whatever. It was really
39 down to individual initiative which might be difficult for
40 someone to understand who is not experienced in that kind
41 of organisation, being used to a formal organisation, but
42 even then the agents of McDonald's clearly began to see
43 that this was, in fact, the way that the group was working,
44 despite their looking for leaders, looking for the people
45 that they had been tipped off as being the prominent
46 people, that they could see that was contradictory.
47
48 Just to say one thing about myself, which is hopefully
49 dealt with tomorrow, but the fact sheet had effectively run
50 out, we have heard, by March, and the only specific events
51 which I had and which evidence was heard of me attending up
52 to that point were the fayre -- there were three events up
53 to that point which was the fayre on the 21st October,
54 which some evidence was given that I attended but I was not
55 involved with the organisation, despite one of the agents'
56 attempt to identify me as that. But it was pretty clear
57 that was run by a couple of people, not myself, and there
58 was no evidence, I think, the fact sheet was distributed --
59 sorry, we are very tired now. There is nothing to connect
60 me with the fact sheet, anyway, of that event.
