Day 308 - 28 Nov 96 - Page 34


     
     1        do not believe in the truth of the fact sheet.
     2
     3        The other matter, which I forgot to deal with, is our
     4        amended defence about consent.
     5
     6   MR. JUSTICE BELL:  Yes.
     7
     8   MS. STEEL:  I will not go through all of this, because obviously
     9        I have only got ten minutes left.
    10
    11   MR. JUSTICE BELL:  I have picked up, really, what I say,
    12        I think, from the way it was originally pleaded and the way
    13        you put questions to the witnesses when cross-examining --
    14        because, although on occasions I suggested you reserve
    15        comment until later, a lot of cross-examination has
    16        implicit comment in it.  So what I suggest you do is make
    17        your headlines on that.
    18
    19   MS. STEEL:   Yes.
    20
    21   MR. JUSTICE BELL:  And then, if you wish, use the facility which
    22        I have accepted you should have to put extra points in
    23        writing by a certain time.
    24
    25   MS. STEEL:   Yes.
    26
    27   MR. JUSTICE BELL:  If you want to.
    28
    29   MS. STEEL:   OK.  I will just do headlines, really.  Obviously,
    30        it is our case that McDonald's have consented to the
    31        publication of the London Greenpeace fact sheet by
    32        employing its own agents who have disseminated this
    33        fact sheet containing the words complained of.
    34
    35        There are specific instances which were brought out during
    36        the evidence of the inquiry agents.  I will not go through
    37        all the individuals ones, but both Mr. Pocklington and
    38        Mr. Clare accepted that they had almost certainly put
    39        copies of the leaflet and sent them out; and there was Mr.
    40        Bishop at the George Roby. Anyway, I cannot really remember
    41        all of the instances, but there are the specific
    42        instances.
    43
    44        But the main part of the claim on this is actually that if
    45        the Plaintiffs are going to succeed on their argument that
    46        simply by being part of London Greenpeace, myself and
    47        Mr. Morris are therefore responsible for any leaflet going
    48        out in its name and, therefore, the fact sheet that we are
    49        being sued over, then any person who was also involved in
    50        anything to do with London Greenpeace must be similarly 
    51        responsible, and this would obviously include the inquiry 
    52        agents who attended a considerable number of meetings of 
    53        London Greenpeace and events of London Greenpeace.
    54
    55   MR. MORRIS:  Can I just saying something I do not think I
    56        mentioned in before:  that I do not think there was a
    57        single piece of evidence of me actively doing anything
    58        organisational at all with London Greenpeace in the time
    59        that the infiltrators were involved in the group.
    60

Prev Next Index