Day 276 - 09 Jul 96 - Page 19


     
     1        only a matter of about three feet at the most between the
     2        photograph No. 4 in tab 5 and photograph No. 12 in tab 6.
     3        The black and white one.
     4
     5             If you actually look at my photograph No. 13, you may
     6        be have to look at the original, because you can just about
     7        see it, but the man is cut off but you can see the leaflets
     8        in his hand and you can see that the graphic is only the
     9        top half of the page, which was the A5 version.  Whichever
    10        version it was, it was the A5 version not the fact sheet,
    11        because the fact sheet, the graphic, is nearly the whole
    12        page and it is sort of in the middle.  I do not know if you
    13        want to look at that.  But you can clearly see that the
    14        man--.
    15
    16   MR. JUSTICE BELL:  I think I should look at the original?
    17        A.  You can clearly see that the man who is holding the
    18        box, you can recognise him by what he is wearing and where
    19        he is standing, has in his hand copies of leaflets with the
    20        graphic in the top half, so it is the A5 "What is wrong
    21        with McDonald's?".
    22
    23   Q.   Do you have the original there?
    24        A.  Yes, it is here (handed).
    25
    26   Q.   I think Mr. Rampton had better see it.  I would like to
    27        have the original back, please?
    28        A.  That is photo No. 13.  I do not know if that has
    29        already been said.  You can see that there is no "What is
    30        wrong with McDonald's?" written across the top, because
    31        that it appears halfway down the A5 version rather than at
    32        the top as it is on the fact sheet at the top.
    33
    34   Q.   I have to say that it is not clear to me that it is either
    35        one or the other looking at it?
    36        A.  If you look at the fact sheet it has got "What is wrong
    37        with McDonald's?" written across the top of it and the
    38        traffic is actually towards the bottom of it whereas if you
    39        look at the A5 version the graphic is right at the top and
    40        "What is wrong with McDonald's?" appears underneath.
    41
    42   Q.   I appreciate the difference, but what I am saying is it is
    43        not clear to me one way or the other looking at the
    44        original, and I merely say that if anyone wants to take any
    45        further steps with the photographs.
    46
    47   MR. RAMPTON:  I should say we have searched several times --
    48        "we", I mean McDonald's have searched several times -- for
    49        the negatives of those.
    50
    51   MR. JUSTICE BELL:  What I am saying is to my eye it is too
    52        indistinct to draw my reliable conclusion as to whether it
    53        is the front of the fact sheet or the front of the A5
    54        copied on both sides.
    55
    56   MR. RAMPTON:  My Lord, I do not know if your Lordship knows
    57        this, but there is not, I think I said it when I opened the
    58        case, there is no dispute that the shorter one was
    59        distributed on that day as well.
    60

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