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

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