Day 245 - 07 May 96 - Page 76


     
     1
     2   MR. MORRIS:  He said that about the London Greenpeace fact sheet
     3        and I thought I would give him the opportunity, which he
     4        says every line is with all the words he said-----
     5
     6   MR. JUSTICE BELL:  I have taken that on board.
     7
     8   MR. MORRIS:  (To the witness):  In this leaflet is there any
     9        sentence which you can say has not -----
    10
    11   MR. JUSTICE BELL:  It does not help me, Mr. Morris, whether he
    12        says it.  He can say it is untrue or not.  I have got a
    13        wealth of evidence and I have still got more to hear as to
    14        whether particular statements are true or not.
    15
    16   MR. MORRIS:  As long as McDonald's cannot use this leaflet --
    17        refer to this leaflet in terms of our, me and Helen's state
    18        of mind because there has been no evidence on this leaflet
    19        -----
    20
    21   MR. JUSTICE BELL:  What Mr. Preston says about it I do not think
    22        can help me.
    23
    24   MR. RAMPTON:  I have never heard of anything so peculiar in all
    25        my life.  I shall certainly use this leaflet for a number
    26        of purposes - one of them is that it contains a number of
    27        false statements.
    28
    29   MR. MORRIS:  That is what I am asking the witness.
    30
    31   MR. JUSTICE BELL:  I do not think the witness can answer.
    32
    33   MR. MORRIS:  We have not had any evidence about this leaflet.
    34
    35   MR. JUSTICE BELL:  We have had a lot of evidence about matters
    36        to which statements in the leaflet refer, and I am going to
    37        have make up my mind in so far as the truth or otherwise of
    38        document 77 is relevant to an issue, whether it is true or
    39        not.
    40
    41   MR. MORRIS:  It can only be relevant to the counterclaim and to
    42        the press statements issued by McDonald's and their general
    43        wild assertions that we are responsible for everything in
    44        the publications bundles -- to do with the counterclaim,
    45        I am talking -----
    46
    47   MR. JUSTICE BELL:  Just pause.  That may or may not be so.  All
    48        I am saying is it is not a useful exercise to ask one
    49        individual who has heard only part of the evidence, and no
    50        doubt if he had heard more would not be able to recall it, 
    51        to say whether this statement is supported by the evidence 
    52        or not supported by the evidence.  It does not matter, in 
    53        my view, that he is Chief Executive of the Second
    54        Plaintiff.  It just is not apposite to ask one witness
    55        whether he has got evidence to support that or not.
    56
    57   MS. STEEL:   I think the point is that, basically, all the
    58        evidence that I have seen is that the -- and certainly what
    59        I know the case to be -- is that the fact sheet we are
    60        being sued over has, basically, been unavailable since

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