Day 306 - 26 Nov 96 - Page 44


     
     1        there were other people floating around -- well, there were
     2        other people on the picket, so he is not going to have an
     3        unobstructed view.  Anyway, he said that he observed me for
     4        five minutes at the most, I think he said, and then he
     5        left.
     6
     7        So the point is that for a period of about five minutes at
     8        the most, he has observed me and watched Mr. Gravett at the
     9        same time, I have had my back to him for most of that time
    10        and been standing 30 to 40 feet away, and so he would not
    11        have had a clear and unobstructed view of what I was doing,
    12        he would not have had a clear and unobstructed view of
    13        whatever was in my hands.  He was not paying sole attention
    14        to what I was doing, he was watching what Mr. Gravett was
    15        doing and no doubt what other people were doing as well.
    16        The closest he ever got was six to seven yards away, when
    17        the leaflets were being taken out of the holdall and, as I
    18        said, he accepted on day 250, page 48, line 58 that he
    19        could not see into the holdall to see what it contained,
    20        therefore the only view that he would have had would have
    21        been at the moment when they were taken out, which must
    22        have been just a fleeting glimpse.
    23
    24        And just really to make the point that he had made this
    25        assumption that all the leaflets being handed out were the
    26        fact sheets because that is the only leaflet he thought
    27        existed.  Therefore, he would not be looking closely at any
    28        leaflets that he saw, and if he was not familiar with the
    29        various types he would not notice the difference between
    30        them at that distance.  And, for that matter, with the
    31        Veggies one he would not even notice it close up, as he
    32        could not when he was in the witness box.  We held up a
    33        copy of the Veggies fact sheet and he thought it was the
    34        London Greenpeace one.
    35
    36        Mr. Nicholson said he then left and went round the back of
    37        the building, where he said he obtained a copy of the fact
    38        sheet from a man.  He said that he went back to the office
    39        and put the leaflet in his briefcase and gave it to
    40        Mrs. Brinley-Codd the next day, he thought.  That was day
    41        250, page 43, line 20.  He did say that it was standard
    42        practice to hand over leaflets obtained on protests.  This
    43        is particularly important bearing in mind that
    44        Mr. Nicholson was not able to positively identify the copy
    45        of the leaflet which he says he obtained from a man on this
    46        day.  He said on day 250, page 43, line 43 that he did not
    47        make a note on the leaflet saying what time he had picked
    48        it up and he said, "Do not forget, I was not getting
    49        evidence, at least I did not think so, I was just
    50        observing."  So he was not treating this as an evidence 
    51        gathering exercise, which means that he would not be being 
    52        careful about what it was he had obtained and making sure 
    53        it was in fact what he thought it was.
    54
    55        On day 250, page 9, line 21, he agreed that the statement
    56        that he had made, that the copy of the leaflet obtained
    57        from the man was a fact sheet, that that statement was made
    58        from his memory.  He did not have a note of it.  He did not
    59        make any notes of it is what he said.  So, again, since he
    60        did not make a note of it and he is doing it solely from

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