Day 306 - 26 Nov 96 - Page 36
1 which was drawn up on the 18th October 1989 and reports on
2 the picket outside Head Office and he describes what
3 happened on the picket. It is noticeable that, although he
4 has identified both myself and Mr. Gravett, he does not
5 mention either of us distributing leaflets. If you compare
6 the wording of the memo to the wording in Mr. Carroll's
7 statement, they are virtually the same and it is quite
8 clear that the statement was based on the memo.
9
10 So, it is particularly significant that the memo fails to
11 mention that I or Mr. Gravett was handing out fact sheets
12 and yet the statement does mention it, and the memo just
13 says that leaflets were handed out, whereas the statement
14 actually says 'What's wrong with McDonald's' leaflets --
15 the leaflets complained of.
16
17 On day 237, page 35, line 1, I asked him about the
18 differences between his memo and his statement. He said
19 that he did not consider it necessary to report on me and
20 Mr. Gravett handing out leaflets or the type of leaflets
21 being handed out in general because this was a report for
22 his superiors. The fact is that Mrs. Brinley-Codd from
23 Barlow Lyde & Gilbert is named on the memo, a copy was sent
24 to the solicitors, so that is a clear indication that there
25 was an idea this might be used in some way in the course of
26 legal proceedings.
27
28 It is noticeable that Mr. Carroll thought it was worth
29 mentioning that Mr. Gravett got into a cow suit. Quite why
30 his superiors should want to know that rather than that he
31 handed out fact sheets or leaflets, I do not know. I think
32 the reality is that it is far more likely he did not
33 actually see either of us distributing leaflets and he is
34 just supposing that we did because, as he said in a later
35 part of his cross-examination, it was standard practice for
36 somebody to be handing out leaflets and that was the way
37 that pickets used to behave. That was day 237, page 40,
38 line 24.
39
40 I would not disagree that leaflets were generally handed
41 out on pickets, but that does not mean it is true for
42 individuals, that individuals would necessarily be handing
43 out leaflets.
44
45 Anyway, the point is, I would say, that the memo is the
46 report -- sorry -- the statement is taken from the memo,
47 clearly, and it does not mention the leaflets and it does
48 not mention myself or Mr. Gravett handing out leaflets, and
49 they have just been added by Mr. Carroll because, by the
50 time he made his statement three years later, he had seen
51 me handing out leaflets on other pickets, for example, in
52 1991 and 1992; so he would just assume that I had been
53 handing out leaflets on the 1989 picket as well. He made
54 assumptions about what leaflets were being handed out on
55 that date by whoever they were being handed out.
56
57 He actually said on day 237, page 39, line 32, he agreed
58 that he had been to several pickets and he said: "I must
59 admit, they all run together after a while". So, I think
60 that gives weight to the submission that he is just making
