Day 304 - 22 Nov 96 - Page 27
1 to one side for the moment.
2
3 MS. STEEL: Yes. 2nd October 1989.
4
5 MR. RAMPTON: My Lord, I am sorry to interrupt. There is one.
6 I will pass it up now because I have dozens of copies of
7 this. It has been printed as though it is two sheets, but
8 it is not.
9
10 MR. JUSTICE BELL: Where did you find it?
11
12 MR. RAMPTON: My Lord, that is in Publication 1A, tab 16. It
13 is a slightly different typeface, but it is the same
14 document. There are also some behind Mr. Carroll's
15 statement, but they do vary a bit.
16
17 MR. JUSTICE BELL: Yes, thank you. 2nd October 1989, then.
18
19 MS. STEEL: Right. This was the Hackney and Islington Animal
20 Rights meeting about McDonald's. Firstly, there is no
21 evidence which has been given in this case to link either
22 myself or Mr. Morris to this event, either by reference to
23 individual acts or by any causal connection between us and
24 Hackney and Islington Animal Rights. The only witness
25 there is in relation to this event is Mr. Pocklington, and
26 there was no evidence from him that the fact sheet was
27 distributed at this event. Therefore, the Plaintiffs' case
28 on publication on this occasion by us or by our agents, or
29 whatever, has to fail, because there is just no evidence of
30 any publication -- full stop.
31
32 Moving on to 21st October 1989, Mr. Pocklington dealt with
33 this event in his statement; and a copy of the fact sheet
34 was appended to his statement, which, it was asserted in
35 the statement, that that fact sheet was collected on the
36 day. However, during cross-examination, Mr. Pocklington
37 accepted that there was no mention of any leaflets being
38 picked up in the contemporaneous notes that he made at the
39 time, and he was unable to recollect which leaflets, if
40 any, he had picked up. That was on -- I am just trying to
41 find the reference for it. Sorry.
42
43 MR. JUSTICE BELL: I have a note of that.
44
45 MS. STEEL: OK. I have got a page number for it, but I have
46 lost the day. It is page 60, line 53, anyway.
47
48 MR. MORRIS: I think it is -----
49
50 MS. STEEL: I think it is day 261.
51
52 MR. MORRIS: Day 261, yes.
53
54 MS. STEEL: Additionally, Mr. Pocklington did not say that
55 either myself or Mr. Morris were seen distributing any
56 leaflets on that occasion. Therefore, there cannot be any
57 direct publication by us on that day.
58
59 Further, on the issue of whether or not we would be liable
60 for publication by others, the evidence was, from
