Day 250 - 15 May 96 - Page 56
1 basically, they were too expensive to hand out on the
2 street, so they were not -----
3
4 MR. JUSTICE BELL: I understand that. I have read your
5 statement. Let me explain why I am saying this.
6
7 MS. STEEL: I am trying to cross-examine the witness about
8 these photographs because he has already said they are all
9 white and I want to put to him that some of the ones he has
10 pointed out as being might be copies of the fact sheet, you
11 can clearly see they are orange, pink, yellow and the
12 graphics are too small to be ones in the fact sheet.
13
14 MR. JUSTICE BELL: Just pause a moment. Do that, but at some
15 stage before you finish your cross-examination of
16 Mr. Nicholson I would like you to put strict challenges
17 where you are going to give evidence, if you do give
18 evidence, or where your case is different to what he said.
19 The reason for that simply is that I can see the issues as
20 we go along. So if you call a witness as to what happened
21 or did not happen on the 16th October, 1989, I am tuned up,
22 hopefully, to concentrate on any evidence which I think may
23 impinge on those issues.
24
25 So, at some stage, if you challenge that you ever held a
26 leaflet of any kind or that you ever handed any leaflets to
27 a woman near a hold-all, I would like you to put it to Mr.
28 Nicholson. It will go in my notebook and I will know there
29 is an issue about that, and when I hear any other evidence
30 about the 16th October I will be as alert as I can be to
31 that issue.
32
33 MS. STEEL: (To the witness): If you just look at these
34 photographs and if you particularly look at this one, for
35 example, which is number 18.
36
37 MR. JUSTICE BELL: In which?
38
39 MS. STEEL: In tab 38. You have identified that as being a
40 leaflet which could possibly be the fact sheet?
41 A. Yes.
42
43 Q. That is clearly orange, is it not?
44 A. It looks orange in this photograph. I take photographs
45 and colours in photographs mean nothing. Anything could
46 have made that look orange.
47
48 Q. You can see that the graphic on the leaflet does not take
49 up the whole page?
50 A. No, I cannot see that.
51
52 MR. JUSTICE BELL: Let me have a look at that one. It may be a
53 better copy than I have. (Handed). While we are on the
54 photographs, if you are merely saying that by looking at
55 the photographs it is not the leaflet complained of, there
56 we are.
57
58 MS. STEEL: It is definitely not.
59
60 MR. JUSTICE BELL: If there is any suggestion that it is another
