Day 306 - 26 Nov 96 - Page 46


     
     1        made in 1990.  He had gone in in 1990 and explained what
     2        had happened on the picket, that notes had been taken and
     3        that the statement was drawn up from that.  So, that is a
     4        year roughly -- well, it did not say when in 1990, but it
     5        is several months at the minimum after the picket.  On day
     6        259, page 4, line 58 he accepted that there were details
     7        wrong in his first statement, that there had been no picket
     8        in 1985 and 1986, and I asked him:  "So you signed the
     9        statement without checking it?"  He said:  "No, I did check
    10        it.  I missed it."  I think the point about that is, I
    11        mean, obviously that is being held against Mr. Morris with
    12        his affidavit that he missed something written in his
    13        affidavit.  That just shows that everybody is fallible.
    14
    15        The other point about this, which is more important for my
    16        sake probably, is that that goes for any details in the
    17        statement and particularly this point about the leaflet
    18        complained of.  There were several mistakes in his first
    19        statement.  If I just run through some of them.  In his
    20        first statement in paragraph 8 he said that he observed the
    21        demonstration on the 16th October 1989 for periods of about
    22        ten to 30 minutes at a time and, yet, in his evidence
    23        I think the longest he was out observing the picket at any
    24        one time was ten minutes.  So, the 30 minutes in his first
    25        statement is way out.
    26
    27        The next thing in his statement which is wrong is in
    28        paragraph 9 where he says that wads or piles of the leaflet
    29        complained of were placed by the side of the building, and
    30        in his evidence he referred to that being in holdalls and
    31        boxes.  As I said before, on day 250, page 47, he -- in
    32        fact, on page 48, line 25, he said:  "I did not see in any
    33        of the holdalls, really".  So he clearly was not in a
    34        position to be stating that piles of the leaflet complained
    35        of were stacked by the building.  So, he should not have
    36        said it in his statement.  It seems that it does not
    37        particularly trouble him to have any number of things in
    38        his statement which he does not actually know.  He is just
    39        basing on supposition.
    40
    41        In paragraph 10 of his first statement he said that he
    42        observed both Paul Gravett and Helen Steel distribute
    43        leaflets during the course of the afternoon.  However, when
    44        he was cross-examined on day 250, page 47, he admitted:  "I
    45        did not actually see him handing any leaflets to anybody."
    46        That was Mr. Gravett.  So, you know, again, why did he put
    47        it in his statement if he did not see anybody handing
    48        leaflets to anybody?
    49
    50        There is obviously the point in paragraph 12, which I have 
    51        mentioned already, where what he says is incorrect.  So, I 
    52        will not go through that again. 
    53
    54   MR. MORRIS:   It would be correct if, by the leaflet complained
    55        of, it meant the A5, an A5, or just any "What's wrong with
    56        McDonald's" leaflet.
    57
    58   MS. STEEL:   Actually, there was another thing that I missed out
    59        from his statement which is incorrect, which is in
    60        paragraph 10, which I have just mentioned, he said:  "Prior

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