Day 261 - 12 Jun 96 - Page 61


     
     1        this.  But, no, there is not a mention in the note.
     2
     3   Q.   Because it is mentioned in your statement.  But, obviously,
     4        your statement was made three years later, based on the
     5        notes.  Now, you might very well have remembered picking up
     6        some leaflets, but would you have been likely to remember
     7        which individual leaflets and be able to name the
     8        individual leaflets that you picked up when you made the
     9        statement?
    10        A.  I do not know.  I made the statement three years ago.
    11        I do not really remember all the details.
    12
    13   Q.   Right.
    14        A.  They were gone through.
    15
    16   Q.   The statement was made -----
    17        A.  Any documents I would have obtained from the fair would
    18        have been submitted with my report.
    19
    20   Q.   But the statement was made on 8th June 1993, which would
    21        have been three and a half years -- well, just over three
    22        and a half years -- from when you had made the notes and
    23        attended the fair.  Do you think it is likely that you
    24        would have actually remembered the names of each individual
    25        leaflet or of any of the individual leaflets that you
    26        picked up on that day?
    27        A.  I do not know the likelihood of that, I am afraid.
    28
    29   Q.   Do you remember, when you made your statement, were
    30        leaflets put in front of you and you were asked: "Was it
    31        this leaflet, was it this leaflet, was it that leaflet"?
    32        A.  I do not remember.
    33
    34   MS. STEEL:  If we go onto the notes of 26th October.
    35
    36   MR. JUSTICE BELL:  We will have a break there.
    37
    38   MS. STEEL:   Yes.
    39
    40                          (Short Adjournment)
    41
    42   MR. RAMPTON:  If we have left the 21st November 1989, again,
    43        I find the Defendants' position somewhat indistinct.  I do
    44        not know whether your Lordship agrees with that.  I am not
    45        clear about the challenge to the witness's evidence that
    46        copies of the leaflet complained of were available at the
    47        London Greenpeace stall for members of the public to
    48        collect.  I say that, because I had a quick look during the
    49        break at their witness statements and those of their
    50        witnesses.  They do not say that; and I notice that the 
    51        Defendants, in answering that very question by way of 
    52        interrogatories, have to say they do not know whether ----- 
    53
    54   MR. JUSTICE BELL:  I had assumed that it was not challenged,
    55        because I had not understood it to be challenged with
    56        Mr. Bishop.
    57
    58   MS. STEEL:   Mr. Bishop did not go to the ------
    59
    60   MR. JUSTICE BELL:  On another occasion, but one which I could

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