Day 306 - 26 Nov 96 - Page 35


     
     1        16th October 1989.
     2
     3        Now, Mr. Carroll agreed on day 236, page 42, line 23, that
     4        there were other small pink and also white leaflets that
     5        were also being distributed which were a single sheet.
     6        I think it should be noted that the only leaflet which we
     7        have seen which has 16th October 1989 written on it is the
     8        one that appears at tab 48 in volume pink 1A, which has
     9        written on it "Handed to B de V outside McDonald's on 16th
    10        October 1989", and that is one of the short versions of the
    11        'What's wrong with McDonald's' leaflets, and I think that
    12        is clear evidence, in fact, that was the leaflet that was
    13        being distributed on that day which you can, in fact, see
    14        in the photographs where it is possible to identify what
    15        the leaflets are.
    16
    17        Mr. Carroll said on day 237, page 19, line 16, that I had
    18        been handing out fact sheets throughout the picket and that
    19        I was not doing it furtively for just a couple of minutes,
    20        that he had observed me throughout the picket.  The point
    21        is, if that was true, that I was handing out fact sheets
    22        throughout the picket and I was not doing it furtively --
    23        which, incidentally, if I was handing out leaflets
    24        I certainly would not be furtive about it; I would be quite
    25        open about it -- then it is particularly significant that
    26        in all the photographs that were taken on that
    27        demonstration there is not one single photograph of me
    28        handing out any leaflets.  There are photographs taken by,
    29        I think, three, four or five different people; there are
    30        certainly two lots for the Defence and at least two
    31        different sets for the Plaintiffs, and none of those show
    32        me handing out any leaflets.
    33
    34        Mr. Carroll's evidence was that he was observing me from
    35        about 30 to 40 yards away when he saw me distributing the
    36        fact sheet.  He said I was by the steps at one stage and
    37        then 30 to 40 yards away.  That was day 236, page 43, line
    38        23.  I think the closest he got to me when he says that he
    39        was watching me handing out the fact sheets was about 20 to
    40        25 feet away.  It should be noted that he said on day 237,
    41        page 21, line 15 that he was not specifically concentrating
    42        on me.  On page 20 he said that for most of the time I was
    43        in crowd at the foot of the steps.
    44
    45        I think the point to be taken from that is that the closest
    46        I was was 20 to 25 feet away and that I was in a crowd, and
    47        for somebody who was not familiar with the variety of
    48        anti-McDonald's leaflets that there were, I really do not
    49        see how, from that distance, he could positively identify
    50        me as having handed out copies of the London Greenpeace 
    51        fact sheet.  There is no way that he could be even remotely 
    52        sure about that without obtaining a copy by one means or 
    53        another from me directly.
    54
    55   MR. JUSTICE BELL:   Yes.
    56
    57   MS. STEEL:   I think in some ways the most significant part of
    58        the evidence about -- well, the most significant part of
    59        Mr. Carroll's evidence is about the memo which he drew up
    60        which appears in the counterclaim bundle, document No. 78,

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