Day 306 - 26 Nov 96 - Page 36


     
     1        which was drawn up on the 18th October 1989 and reports on
     2        the picket outside Head Office and he describes what
     3        happened on the picket.  It is noticeable that, although he
     4        has identified both myself and Mr. Gravett, he does not
     5        mention either of us distributing leaflets.  If you compare
     6        the wording of the memo to the wording in Mr. Carroll's
     7        statement, they are virtually the same and it is quite
     8        clear that the statement was based on the memo.
     9
    10        So, it is particularly significant that the memo fails to
    11        mention that I or Mr. Gravett was handing out fact sheets
    12        and yet the statement does mention it, and the memo just
    13        says that leaflets were handed out, whereas the statement
    14        actually says 'What's wrong with McDonald's' leaflets --
    15        the leaflets complained of.
    16
    17        On day 237, page 35, line 1, I asked him about the
    18        differences between his memo and his statement.  He said
    19        that he did not consider it necessary to report on me and
    20        Mr. Gravett handing out leaflets or the type of leaflets
    21        being handed out in general because this was a report for
    22        his superiors.  The fact is that Mrs. Brinley-Codd from
    23        Barlow Lyde & Gilbert is named on the memo, a copy was sent
    24        to the solicitors, so that is a clear indication that there
    25        was an idea this might be used in some way in the course of
    26        legal proceedings.
    27
    28        It is noticeable that Mr. Carroll thought it was worth
    29        mentioning that Mr. Gravett got into a cow suit.  Quite why
    30        his superiors should want to know that rather than that he
    31        handed out fact sheets or leaflets, I do not know.  I think
    32        the reality is that it is far more likely he did not
    33        actually see either of us distributing leaflets and he is
    34        just supposing that we did because, as he said in a later
    35        part of his cross-examination, it was standard practice for
    36        somebody to be handing out leaflets and that was the way
    37        that pickets used to behave.  That was day 237, page 40,
    38        line 24.
    39
    40        I would not disagree that leaflets were generally handed
    41        out on pickets, but that does not mean it is true for
    42        individuals, that individuals would necessarily be handing
    43        out leaflets.
    44
    45        Anyway, the point is, I would say, that the memo is the
    46        report -- sorry -- the statement is taken from the memo,
    47        clearly, and it does not mention the leaflets and it does
    48        not mention myself or Mr. Gravett handing out leaflets, and
    49        they have just been added by Mr. Carroll because, by the
    50        time he made his statement three years later, he had seen 
    51        me handing out leaflets on other pickets, for example, in 
    52        1991 and 1992; so he would just assume that I had been 
    53        handing out leaflets on the 1989 picket as well. He made
    54        assumptions about what leaflets were being handed out on
    55        that date by whoever they were being handed out.
    56
    57        He actually said on day 237, page 39, line 32, he agreed
    58        that he had been to several pickets and he said:  "I must
    59        admit, they all run together after a while".  So, I think
    60        that gives weight to the submission that he is just making

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