Day 305 - 25 Nov 96 - Page 46


     
     1             Then it says, "Many other movements are growing in
     2        strength:  Ecological, anti-war, animal liberation and
     3        anarchist libertarian movements".  I think "libertarian
     4        movements", the word "libertarian" just means "committed to
     5        freedom", "and continually learning from each other".  Then
     6        it says, and this is an important point:  "We encourage
     7        people to think and act independently without leaders to
     8        try to understand the causes of oppression and to aim for
     9        its abolition through social revolution.  This begins in
    10        our own lives now".
    11
    12        The point about "to think and act independently without
    13        leaders", here we have, in the original document complained
    14        of, a statement how there is no agency argument that we
    15        believe can run in this case.  There are no leaders and
    16        led, people issuing instructions, no structure, no
    17        membership that can be considered to be that of an
    18        unincorporated association or higher and, even if it was an
    19        unincorporated association, it would not be enough to
    20        satisfy McDonald's claim.
    21
    22        That, going along with the evidence of our witnesses,
    23        including Ms. Tiller -- she said something to the effect
    24        that it was hard to tell even if a decision had been made
    25        at meetings.  I think that the Plaintiffs have the burden
    26        of proof to show how we influenced a specific decision that
    27        resulted in the distribution of the fact sheet, influenced
    28        for that end.  Otherwise, they cannot show responsibility.
    29
    30        Really, as I say, because that is not a coincidental thing,
    31        it is not the lack of leadership or lack of people in those
    32        positions, it is a conscious basis for the nature of those
    33        meetings.  That applied to all manner of things that were
    34        discussed at those meetings; for example, the responding to
    35        inquiries.  I cannot remember which agent it was who said
    36        he was not told what letters to put in; he was just left to
    37        his own initiative; put what leaflets in what you like; do
    38        a cover letter, if you like, or whatever.  It was really
    39        down to individual initiative which might be difficult for
    40        someone to understand who is not experienced in that kind
    41        of organisation, being used to a formal organisation, but
    42        even then the agents of McDonald's clearly began to see
    43        that this was, in fact, the way that the group was working,
    44        despite their looking for leaders, looking for the people
    45        that they had been tipped off as being the prominent
    46        people, that they could see that was contradictory.
    47
    48        Just to say one thing about myself, which is hopefully
    49        dealt with tomorrow, but the fact sheet had effectively run
    50        out, we have heard, by March, and the only specific events 
    51        which I had and which evidence was heard of me attending up 
    52        to that point were the fayre -- there were three events up 
    53        to that point which was the fayre on the 21st October,
    54        which some evidence was given that I attended but I was not
    55        involved with the organisation, despite one of the agents'
    56        attempt to identify me as that.  But it was pretty clear
    57        that was run by a couple of people, not myself, and there
    58        was no evidence, I think, the fact sheet was distributed --
    59        sorry, we are very tired now.  There is nothing to connect
    60        me with the fact sheet, anyway, of that event.

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