Day 306 - 26 Nov 96 - Page 45


     
     1        his memory it is particularly significant that at the time
     2        of the picket he assumed there was only one leaflet.
     3        Therefore, he is going to assume that that leaflet that he
     4        picked up was the fact sheet.
     5
     6        Anyway, even if Mr. Nicholson had got a copy of the fact
     7        sheet, of the London Greenpeace fact sheet, from this man,
     8        that does not mean that I was handing out the fact sheets
     9        or that anybody else was handing out fact sheets.
    10
    11        There is an admission from the Plaintiffs that A5 leaflets,
    12        the short versions, the short 'What's wrong with
    13        McDonald's' leaflets, were being handed out on that day.
    14        The only leaflets which can be identified in the
    15        photographs are A5 ones and you can see a number of people
    16        with A5 leaflets, and yet Mr. Nicholson did not make a note
    17        of these people or did not record that people were handing
    18        out the short 'What's wrong with McDonald's' leaflets
    19        because he assumes that they were all fact sheets.
    20
    21        The next piece of evidence that Mr. Nicholson related was
    22        that he had gone and got his car and driven out, and he
    23        said that I was still standing at the picket with leaflets
    24        in my hand.  When we cross-examined him, he admitted that
    25        he had only stopped for seconds in order to pull out on to
    26        the High Street and he agreed that it was a very busy road
    27        and that he would have been carefully watching it while he
    28        was pulling out.  That was day 250, page 44, line 52.
    29
    30        He said that I was standing closer to the kerb than I had
    31        been before and that I was standing holding leaflets in my
    32        hand, that he assumed they were the same leaflets.  So he
    33        did not actually see, he did not actually identify them on
    34        that occasion, just made an assumption, as I would say he
    35        has made throughout his evidence about all the leaflets
    36        being distributed on the picket on that day by whoever.
    37        The point is that he could not possibly tell in the few
    38        seconds that he had stopped, when he was concentrating on
    39        the road, which leaflets I had if, indeed, I was holding
    40        any leaflets for the purposes of handing them out.  I could
    41        have been holding any piece of paper.
    42
    43        This was referred to in my evidence, that people did come
    44        to the pickets and hand out other leaflets and bearing in
    45        mind that when he first gave evidence about this on day
    46        249, page 21, line 23, Mr. Nicholson said that I was not
    47        holding many leaflets, it may be that if I had something in
    48        my hand it was copies of other leaflets which people had
    49        given me which could be about an entirely different event.
    50        So that piece of evidence is just worthless, really, 
    51        bearing in mind that it was only for a few seconds and that 
    52        it was an assumption he was making. 
    53
    54   MR. JUSTICE BELL:  Just take a minute or two.
    55
    56   MS. STEEL:   I have actually got quite a bit more.  I have got a
    57        bit out of order.  (Pause).
    58
    59        On day 259, page 4, line 40, Mr. Nicholson said that the
    60        original proof of evidence for his first statement had been

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