Day 306 - 26 Nov 96 - Page 42
1 Because if you observe a demonstration and you are working
2 on the assumption that there is only one leaflet, you
3 therefore assume that everybody is distributing that
4 leaflet, anybody who is distributing a leaflet must be
5 distributing that leaflet, and that is what you are going
6 to remember. You are going to remember they were all
7 handing out the fact sheet, even though the reality is that
8 there was more than one leaflet and, you know, that that
9 was not the leaflet that was being handed out on that day.
10
11 I think the point is that unless the leaflet is opened out
12 both the A5 short leaflet and the fact sheet appear to be
13 the same size, and Mr. Nicholson agreed that he was the
14 length of the courtroom or further away from the people
15 that were leafleting. That was page 39, line 24. So for
16 someone who is not familiar with what leaflets are
17 available and assumes that there is only one, he is not
18 going to be looking for distinguishing features to work out
19 what leaflet it is that is being handed out.
20
21 Sorry, I should have read this out before, because this is
22 the important part. On day 259, page 2, line 26, is where
23 Mr. Nicholson said that he was not aware of other leaflets
24 at the time, that he decided they wanted to stop the fact
25 sheet, and that apart from the leaflet that he saw in 1984,
26 which obviously looks totally different, that from 1987
27 onwards he had started to receive copies of the fact sheet
28 and that that was the only leaflet that he had seen about
29 McDonald's from London Greenpeace. I mean, I think later
30 on he did accept that if there were A5 leaflets in the
31 bundle with his name on from London Greenpeace about
32 McDonald's, it would have meant that he had seen them, but
33 basically he did not recall any leaflets apart from the
34 fact sheet, so that is going to colour his whole
35 observation and recollection of events.
36
37 Anyway, moving back to what had happened on 16th October
38 specifically, the course of events, after he had gone back
39 in from the veranda, he came back down about 15 to twenty
40 minutes later and stood in the exit drive of the car park.
41 That was day 250, page 39, line 36. He said that
42 Mr. Gravett was by then out of the cow costume talking to
43 somebody and he had some of the leaflets. He actually said
44 he had some of 'the' leaflets and then he corrected himself
45 and said, "No, well, he had leaflets in his right hand."
46 I asked, "Which leaflets were those?" He said again,
47 "Well, I took it to be the leaflets complained of, or the
48 leaflets", he said. "I took it to be the leaflets", i.e.
49 the leaflets complained of. That was 250/40/1.
50
51 Again, he is making an assumption about which leaflets they
52 are, because he thinks there is only one sort. He actually
53 said on page 40, line 15, "I did not even know there was a
54 short version until the next day." He actually goes on to
55 say something that gets pretty confusing about what
56 leaflets they were when he found out.
57
58 But the clear indication, or the clear statement, from his
59 evidence is that he was working on the assumption that
60 there was only one leaflet and therefore that had to be the
