Day 260 - 11 Jun 96 - Page 25


     
     1        inquiry agents which is supposed to have fuelled the dying
     2        campaign.  I have not yet had any additional witness
     3        statements.  There is a lot of material in these latest
     4        notes, the latest fuller versions of the notes, and in the
     5        supplementary witness statements which bear upon those
     6        questions:  was the McDonald's campaign, anti-McDonald's
     7        campaign, still going in 1990 and up to the date of the
     8        issue of the writ; to what extent were the Defendants
     9        involved in it?  Those are two questions which
    10        your Lordship will have to decide.  At the moment, I am
    11        practically in the dark about what the Defendants' case is
    12        on those two important issues.
    13
    14   MS. STEEL:  Firstly, what a discussion on anarchism versus
    15        socialism would add to that.
    16
    17   MR. JUSTICE BELL:  All I will say is, it is convenient to me to
    18        know, for instance, where there is a challenge on these
    19        things.  We have been pretty relaxed about the pleadings,
    20        and we can only be so on the basis that where there is a
    21        challenge on a point which might be relevant, it is put,
    22        however summarily, so I can just mark it up as an issue.
    23
    24   MS. STEEL:   I have put my challenge on that part of it.
    25
    26   MR. JUSTICE BELL:  I would like Mr. Morris to.
    27
    28   MS. STEEL:   I will just put a further thing which is that, in
    29        your notes -- how can I -- I do not actually know how I can
    30        challenge an impression, apart from to say that I can tell
    31        you categorically that I would not act under the
    32        instructions of Dave or anybody.  You know, I might pass on
    33        a request, you know.  As I say, I might turn up at a
    34        meeting and say, "Somebody is interested to know about
    35        this", but I would not -----
    36
    37   MR. JUSTICE BELL:  Let me just use that as an example, not that
    38        it really necessarily may, at the end of the day, be
    39        terribly important in itself.  But you have elicited from
    40        Mr. Bishop that where he refers to you arriving with a
    41        specific request from Mr. Morris, the statement made by you
    42        was, "Dave wants to know what is going on next week."  If,
    43        in fact, I find that that is what you said, I might well
    44        draw the conclusion, on the balance of probabilities, that
    45        there had been some communication between you and
    46        Mr. Morris before you arrived at the meeting and that he
    47        had indicated to you that he wanted to know what was going
    48        to happen next week.  I will say nothing about where that
    49        might or might not take me.  There might be an argument
    50        that that was evidence against you but not against 
    51        Mr. Morris, and so on.  But if you challenge that you ever 
    52        said anything like that, if there is dispute about that, 
    53        then you ought to put it to Mr. Bishop and say, "I suggest
    54        I never said that", and if it is your case that you said
    55        something close to it, go on to say, "I suggest what in
    56        fact I did say was this"; if, in fact, you dispute that you
    57        mentioned Mr. Morris at all, suggest to the witness,
    58        "I suggest I never mentioned Mr. Morris at all."  Those
    59        are just by way of example.
    60

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