Day 308 - 28 Nov 96 - Page 30


     
     1        I will not repeat all that for Mr. Nicholson.  Much of it
     2        is the same.  He was involved in a very similar way.
     3
     4        Can I also say that, with Mr. Nicholson, his approach to
     5        London Greenpeace, in particular, and to critics, and
     6        particularly use of police contacts and Special Branch for
     7        information, which he would know, as a police officer, is
     8        unlawful, that -----
     9
    10   MR. JUSTICE BELL:  I do not know that it is.
    11
    12   MR. MORRIS:  It is unlawful for the police to pass on
    13        information.
    14
    15   MR. JUSTICE BELL:  Well -----
    16
    17   MR. MORRIS:  We would say -----
    18
    19   MR. JUSTICE BELL:  I know it is unlawful for the police, for
    20        instance, to divulge someone's CRO form or to use their
    21        connections to find out who the registered keeper of a
    22        vehicle is, and things like that, but I have never
    23        understood -- I can ring up my local police station, and it
    24        is up to them what they choose to tell me and what they do
    25        not.
    26
    27   MR. MORRIS:  Well, they are public officials, and they are not
    28        entitled to pass on information about other members of the
    29        public which is protected by the Data Protection Act.
    30
    31   MR. JUSTICE BELL:  Half their job is passing information about
    32        other members of the public, with a view to an exchange of
    33        information which might help them in the performance of
    34        their duties.
    35
    36   MR. MORRIS:  We have not got time to argue it now.  But,
    37        basically, our case is that it is unlawful, and that he
    38        would know that, as an ex-police officer.  His attitude
    39        clearly goes beyond the technicalities of having to have a
    40        court case.  He clearly had a wider interest in undermining
    41        critics of McDonald's, not just in prosecuting a case and
    42        getting information.  For example, the spies went a
    43        thousand times beyond what they were, in theory, claiming
    44         -- that the Company had claimed they had been hired for,
    45        just to find out the names of individuals involved in
    46        publication of the documents.  They infiltrated to a very
    47        great extent for a long time.  He was in charge of that.
    48        Clearly, McDonald's were gathering information in order to
    49        be able to discredit their critics.  I think that should be
    50        seen as part of the background.  They stole letters; and 
    51        Mr. Nicholson said that he put a stop to that as soon as he 
    52        found out about it, which we then heard from the agents was 
    53        not true; they were never told not to keep on doing that;
    54        and Mr. Nicholson must have known, because they he got
    55        weekly reports, for example, from Mr. Clare and another one
    56        as well.
    57
    58        Mike Love has been dealt with, anyway, by Ms. Steel.
    59        I have a few more points to make, and then I am going to
    60        sit down.

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