Day 306 - 26 Nov 96 - Page 50


     
     1        that one that was being distributed.  As we all know, there
     2        were several different "What's wrong with McDonald's"
     3        leaflets, including one that was, for all intents and
     4        purposes, identical, being the Veggies fact sheet; but
     5        nobody could tell the difference between those unless they
     6        opened them -- nobody could tell the difference between
     7        those fact sheets and the London Greenpeace ones unless
     8        they opened them up.
     9
    10        Really, for all these reasons, the evidence on this issue
    11        is not probative one way or the other and does not, taken
    12        with all the other evidence that the fact sheets, for
    13        example, would not be handed out in the streets and that
    14        Mr. Gravett, who organised taking leaflets and so on, did
    15        not take any to the picket, the evidence does not make it
    16        more likely than not, on the balance of probabilities, that
    17        I was distributing the leaflet complained of.  The evidence
    18        all points the other way:  that the fact sheets were not
    19        present on the demonstration and were not being distributed
    20         -- certainly, that I was not distributing them; and that
    21        Plaintiffs have not proved their case, because they cannot
    22        identify with any certainty at all what leaflets were being
    23        distributed on that day.
    24
    25        The reference about Mr. Nicholson when he was talking about
    26        the leaflets being the same size and him saying that he was
    27        identifying them by the height and width was on day 250,
    28        page 60, line 50.
    29
    30        Can I just say something else, actually, which I had
    31        forgotten to bring up, which is this business about
    32        Mr. Nicholson taking a copy of the fact sheet from a man.
    33        In actual fact, on day 249, page 20, line 17, Mr. Rampton
    34        asked Mr. Nicholson: "It was a male protester, was it?" He
    35        actually said: "I am pretty sure it was."  So, you know, if
    36        he is not even sure whether or not it was a man handing out
    37        the leaflets, his memory cannot actually be that clear of
    38        the event.
    39
    40        Another point is that on day 249, page 24, Mr. Nicholson
    41        referred to the fact that they had copies of the fact sheet
    42        coming in from all over the place -- from the
    43        United States, Canada, Europe, Japan, and so on.  So the
    44        point is, they have got lots of fact sheets coming into
    45        their head office; so, all these ones that are being handed
    46        over to the solicitors, either by Mr. Carroll or by
    47        Mr. Nicholson, could be coming from anywhere, rather than
    48        the pickets.  It is not as though there is no other source
    49        for these leaflets, that they must have come from the
    50        picket. 
    51 
    52        I have not really -- I mean, I realise what the time is, 
    53        and I have not had time to go through Miss Tiller's
    54        evidence, for example, but obviously that is going off the
    55        16th October.
    56
    57   MR JUSTICE BELL:  What I think we should do is stop now, because
    58        one can keep extending time indefinitely, and I am not
    59        prepared to do that because I think you have had a
    60        perfectly reasonable opportunity to say what you want to

Prev Next Index