Day 304 - 22 Nov 96 - Page 26


     
     1        expressing our personal views when there is an absence of
     2        evidence that any agreement was reached to which either or
     3        both of us were party, that the fact sheet should be
     4        distributed.  The Plaintiffs have failed to identify any
     5        conduct at all which amounts to causing or procuring or
     6        being a party to or authorising the publication of the fact
     7        sheet.  The Plaintiffs have failed to adduce evidence of
     8        any such relationship between the people that attended
     9        London Greenpeace meetings, so as to enable a finding of
    10        causing, procuring and so on to be inferred.
    11
    12        Moving on to paragraph 3D of the Plaintiffs' Statement of
    13        Claim, this pleads that we published or caused to be
    14        published the London Greenpeace fact sheet, and I am going
    15        to go through each date now relating to the evidence about
    16        whether or not the fact sheet was published and who might
    17        be responsible if it was.  I am going to actually leave out
    18        16th October for now and do that on Monday in more detail.
    19
    20   MR. JUSTICE BELL:  Very well.
    21
    22   MS. STEEL:   Firstly, 2nd October 1989.
    23
    24   MR. JUSTICE BELL:  Can I just say that, over the last two days,
    25        once or twice I tried to find a copy of what we call the A5
    26        leaflet.  I know it may have taken a slightly different
    27        form in certain different colours from time to time, the
    28        one which was printed on two sides of an A5 sheet.  I have
    29        to confess, I did not search very hard but I have failed to
    30        find a copy.
    31
    32   MS. STEEL:   An original?
    33
    34   MR. JUSTICE BELL:  Not necessarily an original, though that
    35        might be useful, or a photocopy.  It is not in that divider
    36        208 in your bundle where the Veggies Food Fact sheet is.
    37        So, at some stage, and sooner rather than later, on Monday,
    38        if possible, I would like someone either to give me a
    39        reference or just give me a copy if there is one
    40        available.  I have looked at one in the past.  I have
    41        looked at one in court.  No doubt I have one, if not more
    42        than one somewhere.  I just cannot find it.
    43
    44   MS. STEEL:   I think there is a copy of one behind Mr. Carroll's
    45        statement.
    46
    47   MR. JUSTICE BELL:   I will look there.  There probably is.  You
    48        think maybe behind Mr. Carroll?
    49
    50   MS. STEEL:   Yes.  I would think there is some probably in the 
    51        publication bundles as well.  There is quite a lot of----- 
    52 
    53   MR. JUSTICE BELL:  They are probably all over the place.  It is
    54        just I have not put my hand on one.  That is all.
    55
    56   MS. STEEL:   OK, right.  I cannot actually remember offhand
    57        where they are.  I do think I did see them behind Terry
    58        Carroll, though which version it is I cannot remember.
    59
    60   MR. JUSTICE BELL:   Anyway, specific dates, leaving 16th October

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