Day 307 - 27 Nov 96 - Page 62


     
     1
     2        That was not all very coherently put, but I think buried in
     3        that was what I wanted to say.  It is probably a good time
     4        to finish.
     5
     6   MR JUSTICE BELL:  Do you want to say anything more this
     7        evening?
     8
     9   MS. STEEL:   Yes.  Before we go there was a couple of matters
    10        which I wanted to get out of the way, so I don't have to
    11        think about them any more.  It was just about the two
    12        instances that McDonald's allege about publication of the
    13        fact sheet since the writs were served on us.  Obviously,
    14        it is our view that these cannot really be taken into
    15        consideration with regards to the counterclaim.  But in
    16        case the Plaintiffs are going to continue to try and argue
    17        that they should be, I just wanted to deal briefly with the
    18        evidence Mr. Howes, on day 259, page 62.
    19
    20        Obviously, you will remember that he gave evidence about
    21        coming into court on 30th June, which would have been the
    22        third day of the trial, and supposedly seeing a couple of
    23        tourists leaving with a copy of the photocopy, not an
    24        original copy, of the London Greenpeace fact sheet.  He
    25        said that when he came along the court was very busy.  That
    26        was on page 62, line 50.  But he then said that on our side
    27        of the court there were very few people -- that was
    28        page 63, line 6 -- which I would say is all very
    29        convenient, because he is well aware that if he carried on
    30        with his original answer that the court was very busy, that
    31        he was not actually going to be able to see what was going
    32        on the row behind us, because there would have been
    33        people's heads in the way.  He did actually say that he had
    34        been sitting at the back of court; I cannot remember
    35        whether it was right at the back or the next row forward,
    36        or something like that, but it was one of the rows right at
    37        the back.
    38
    39        Now, he said there were people sitting behind us, in the
    40        court, which there would have been at that time, because, I
    41        mean, I know now and for a considerable section of the
    42        trial, there has not been anybody sitting behind us --
    43        well, there is one person now -- but at the start of the
    44        trial, if you can remember that far back, there were legal
    45        assistants sitting behind us and there were people from
    46        Veggies coming down -- I think it was Mr. Smith, the first
    47        week, came down, and he was fetching documents for us,
    48        sitting in the row behind us.  Those legal assistants and
    49        Patrick from Veggies would have had piles of document to do
    50        with the case, so that they could follow what was going 
    51        on.  I did say this, in effect, in the witness box, but I 
    52        have not had time to look up exactly what I said.  But you 
    53        would have seen it with your own eyes, anyway.
    54
    55        Mr. Howes said there was a pile of leaflets behind us.  He
    56        admitted on page 63, line 50, that he did not see anything
    57        from that pile of papers being distributed.
    58
    59        I asked him: "The pile of papers which you saw just behind
    60        us, with the A4 size photocopy on the top, did you see

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