Day 250 - 15 May 96 - Page 50
1
2 Q. -- was to prove the case against myself and Mr. Morris?
3 A. No, I could not do that.
4
5 Q. Or as part of trying to prove the case against -----
6 A. Yes, part of it, yes. It was to show the continuity
7 from the time that we put in the teams and then their
8 evidence.
9
10 Q. And the evidence of what happened on the picket on 16th
11 October, 1989, which you pleaded as the date of
12 distribution?
13 A. Yes, yes.
14
15 Q. And that is what paragraphs 8 to 11 were intended to deal
16 with?
17 A. Yes.
18
19 Q. This was based on what you told Mrs. Brinley-Codd?
20 A. Yes.
21
22 Q. Immediately after the demonstration, or within a few days
23 of the demonstration, was it, or was it based on something
24 else?
25 A. No. I mean, I first saw Mrs. Brinley-Codd the
26 following day when I handed her the leaflet and I told her
27 briefly what had happened. I do not think at that time we
28 were contemplating legal action. There was certainly a
29 possibility of it, depending upon your reaction, your
30 group's reaction to the service of writ if it got that
31 far. The interview in 1990 was certainly to start
32 establishing the case.
33
34 Q. I am not sure I understood that. You do not think you were
35 contemplating legal action at the time of 1989?
36 A. No, I said it was a possibility, but it was not the
37 objective.
38
39 Q. There was a possibility depending on our reaction to
40 serving writ?
41 A. Yes, if it got that far.
42
43 MR. JUSTICE BELL: I wonder if there is a bit of confusion
44 here. I suppose the moment you issue a writ it could be
45 said you started proceedings, and certainly once it is
46 served; but what do you mean by starting proceedings?
47 A. Well, I suppose that is the start of proceedings. I
48 mean, you have started the legal process then.
49
50 Q. Yes.
51 A. But what I mean is that when we were preparing the case
52 for court, that was -- that started in 1990.
53
54 MS. STEEL: Sorry, can you just clarify what this statement was
55 based on when you spoke to Mrs. Brinley-Codd the day after
56 the protest or two days after the protest or when you spoke
57 to her in 1990 or when you spoke to her in 1993?
58 A. This statement was based on the -- when she took proof
59 of evidence in 1990.
60
