Day 250 - 15 May 96 - Page 58
1 sufficiently clear -- that your personal recollection is
2 that you did not hand out any leaflets on that day; you
3 cannot remember when you picked up leaflets by a hold-all
4 and handed them to another woman; all you can remember
5 doing at the picket was holding the banner and taking a lot
6 of photographs. Your case is that the leaflet complained
7 of was not handed out. I have got the point which is in
8 your statement about it is shorter ones, that that was
9 normally sent, postal inquiries and not handed out in the
10 street, expense and so on. But you go on that a number of
11 leaflets were handed out but you cannot say just which
12 ones. Is that an accurate summary?
13
14 MS. STEEL: Basically. There is one point that I would add,
15 which is that -- I mean, the kind of start of this
16 controversy is the answer to the interrogatory: "Did you
17 not on that" -----
18
19 MR. JUSTICE BELL: I do not want you to explain that now because
20 you can give evidence about that in due course if you want
21 to. All I am ascertaining now is what your case is now,
22 and there is nothing critical in stressing "now". I just
23 want to know what it is. If I have understood it
24 correctly, you need not put it further to Mr. Nicholson
25 because I am aware of what the issue is, and there is no
26 point in just going through formal challenges for the sake
27 of it.
28
29 MS. STEEL: If I can say one further thing, which is that I am
30 quite sure that I would not have handed out lots of copies
31 of the fact sheet which is the subject of this action in
32 the way that has been described by the witnesses; i.e. mass
33 distribution to the public. I am quite sure that I would
34 not have done that.
35
36 MR. JUSTICE BELL: Yes.
37
38 MS. STEEL: (To the witness): If you can look at the
39 photographs that were taken on your behalf?
40 A. Yes.
41
42 Q. There are no photographs in that tab which clearly show
43 anyone distributing the fact sheet complained of in this
44 action, are there?
45 A. I think the nearest you get to it -- these photographs
46 I have got here are not very good; they are copies. But
47 the nearest you get to it is if you combine 22 with 23.
48
49 Q. That is because you see this man holding a leaflet?
50 A. Which I think is the size of the leaflet complained
51 of. He has got a box with a blown up version of the front
52 page, and in the next picture he is actually handing one to
53 the occupant of a motor car.
54
55 Q. If I suggest to you that it is because he is holding a box
56 with a blown up graphic with "What's Wrong with
57 McDonald's", that makes you think that he is handing out
58 the leaflet complained of?
59 A. Together with the size of the leaflet in his hand,
60 which I think is clearly the size of the leaflet complained
