Day 245 - 07 May 96 - Page 77


     
     1        certainly around the time of the infiltration of the group
     2        and the service the writs, and that when McDonald's talk
     3        about continued circulation of lies the only leaflet that
     4        they can be talking about is the version that Mr. Morris is
     5        trying to ask the witness about, and ones that are
     6        virtually the same, slightly different layout and maybe
     7        slightly cover different points, but all A5 leaflets; so if
     8        the Plaintiffs are putting out leaflets saying that we are
     9        distributing lies but that now Mr. Preston would accept
    10        that that leaflet does not contain lies -----
    11
    12   MR. JUSTICE BELL:  I do not think he can.  If he did accept it,
    13        I might not accept his answer.
    14
    15   MS. STEEL:   But he is the person who is representing the
    16        Plaintiffs.
    17
    18   MR. JUSTICE BELL:  It does not make any difference.  Let me just
    19        look.  This is day 245 of this hearing.  I do not know how
    20        many days Mr. Preston is in.  I do not know how many days'
    21        transcripts he has read.  I do not know what his recall is
    22        of the evidence he has heard or the transcripts he has
    23        read.  I just do not think it is helpful to ask him, in
    24        effect (because this is what it boils down to), the extent
    25        to which statements in that leaflet are supported or
    26        contradicted by the evidence I have heard.
    27
    28   MS. STEEL:   It is not about whether they are contradicted by
    29        the evidence that you have heard.  It is about his state of
    30        mind as representing the Company ---
    31
    32   MR. JUSTICE BELL:  No.
    33
    34   MS. STEEL:  -- because they were the ones responsible -- they
    35        would be the ones responsible for bringing an action -----
    36
    37   MR. JUSTICE BELL:  I do not think it helps me even on that
    38        basis.
    39
    40   MR. MORRIS:  We will just see what else we do have.
    41
    42   MR. JUSTICE BELL:  See if there is anything else you want to ask
    43        this afternoon.  If there is something you want to ask, we
    44        will adjourn.  If you want to adjourn now, we will adjourn
    45        now.
    46
    47   MR. MORRIS:  Effectively, we tried to deal with the counterclaim
    48        today.  So that is .....
    49
    50   MS. STEEL:   (To the witness):  Can I just ask one question in 
    51        relation to the counterclaim and our states of mind. 
    52        Mr. Morris asked you about his statement.  Did you read my 
    53        statement?
    54        A.  I have read it but, again, I could not quote it to you
    55        verbatim.  I would have to refer to it, Ms. Steel.
    56
    57   Q.   But you would remember that I give all the reasons why
    58        I believe the fact sheet to be true as well?
    59        A.  Yes.
    60

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