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
