Day 304 - 22 Nov 96 - Page 26
1 expressing our personal views when there is an absence of
2 evidence that any agreement was reached to which either or
3 both of us were party, that the fact sheet should be
4 distributed. The Plaintiffs have failed to identify any
5 conduct at all which amounts to causing or procuring or
6 being a party to or authorising the publication of the fact
7 sheet. The Plaintiffs have failed to adduce evidence of
8 any such relationship between the people that attended
9 London Greenpeace meetings, so as to enable a finding of
10 causing, procuring and so on to be inferred.
11
12 Moving on to paragraph 3D of the Plaintiffs' Statement of
13 Claim, this pleads that we published or caused to be
14 published the London Greenpeace fact sheet, and I am going
15 to go through each date now relating to the evidence about
16 whether or not the fact sheet was published and who might
17 be responsible if it was. I am going to actually leave out
18 16th October for now and do that on Monday in more detail.
19
20 MR. JUSTICE BELL: Very well.
21
22 MS. STEEL: Firstly, 2nd October 1989.
23
24 MR. JUSTICE BELL: Can I just say that, over the last two days,
25 once or twice I tried to find a copy of what we call the A5
26 leaflet. I know it may have taken a slightly different
27 form in certain different colours from time to time, the
28 one which was printed on two sides of an A5 sheet. I have
29 to confess, I did not search very hard but I have failed to
30 find a copy.
31
32 MS. STEEL: An original?
33
34 MR. JUSTICE BELL: Not necessarily an original, though that
35 might be useful, or a photocopy. It is not in that divider
36 208 in your bundle where the Veggies Food Fact sheet is.
37 So, at some stage, and sooner rather than later, on Monday,
38 if possible, I would like someone either to give me a
39 reference or just give me a copy if there is one
40 available. I have looked at one in the past. I have
41 looked at one in court. No doubt I have one, if not more
42 than one somewhere. I just cannot find it.
43
44 MS. STEEL: I think there is a copy of one behind Mr. Carroll's
45 statement.
46
47 MR. JUSTICE BELL: I will look there. There probably is. You
48 think maybe behind Mr. Carroll?
49
50 MS. STEEL: Yes. I would think there is some probably in the
51 publication bundles as well. There is quite a lot of-----
52
53 MR. JUSTICE BELL: They are probably all over the place. It is
54 just I have not put my hand on one. That is all.
55
56 MS. STEEL: OK, right. I cannot actually remember offhand
57 where they are. I do think I did see them behind Terry
58 Carroll, though which version it is I cannot remember.
59
60 MR. JUSTICE BELL: Anyway, specific dates, leaving 16th October
