Day 308 - 28 Nov 96 - Page 34
1 do not believe in the truth of the fact sheet.
2
3 The other matter, which I forgot to deal with, is our
4 amended defence about consent.
5
6 MR. JUSTICE BELL: Yes.
7
8 MS. STEEL: I will not go through all of this, because obviously
9 I have only got ten minutes left.
10
11 MR. JUSTICE BELL: I have picked up, really, what I say,
12 I think, from the way it was originally pleaded and the way
13 you put questions to the witnesses when cross-examining --
14 because, although on occasions I suggested you reserve
15 comment until later, a lot of cross-examination has
16 implicit comment in it. So what I suggest you do is make
17 your headlines on that.
18
19 MS. STEEL: Yes.
20
21 MR. JUSTICE BELL: And then, if you wish, use the facility which
22 I have accepted you should have to put extra points in
23 writing by a certain time.
24
25 MS. STEEL: Yes.
26
27 MR. JUSTICE BELL: If you want to.
28
29 MS. STEEL: OK. I will just do headlines, really. Obviously,
30 it is our case that McDonald's have consented to the
31 publication of the London Greenpeace fact sheet by
32 employing its own agents who have disseminated this
33 fact sheet containing the words complained of.
34
35 There are specific instances which were brought out during
36 the evidence of the inquiry agents. I will not go through
37 all the individuals ones, but both Mr. Pocklington and
38 Mr. Clare accepted that they had almost certainly put
39 copies of the leaflet and sent them out; and there was Mr.
40 Bishop at the George Roby. Anyway, I cannot really remember
41 all of the instances, but there are the specific
42 instances.
43
44 But the main part of the claim on this is actually that if
45 the Plaintiffs are going to succeed on their argument that
46 simply by being part of London Greenpeace, myself and
47 Mr. Morris are therefore responsible for any leaflet going
48 out in its name and, therefore, the fact sheet that we are
49 being sued over, then any person who was also involved in
50 anything to do with London Greenpeace must be similarly
51 responsible, and this would obviously include the inquiry
52 agents who attended a considerable number of meetings of
53 London Greenpeace and events of London Greenpeace.
54
55 MR. MORRIS: Can I just saying something I do not think I
56 mentioned in before: that I do not think there was a
57 single piece of evidence of me actively doing anything
58 organisational at all with London Greenpeace in the time
59 that the infiltrators were involved in the group.
60
