Day 306 - 26 Nov 96 - Page 37
1 supposition that I was handing out leaflets on that day,
2 which is based on the fact that I have handed out leaflets
3 on other occasions outside the Head Office subsequent to
4 the writs being served on us.
5
6 There is a similar point made on day 236, page 45 over to
7 46 that he had been on all of the demonstrations and that
8 all of them had similar sorts of things, people handing out
9 leaflets. He actually said -- I will just check this one.
10 (Pause). Just in relation to one of the other pickets,
11 Mr. Rampton actually asked him: "Did people give out
12 leaflets on those occasions, do you remember?" He
13 said: "I think they did". Then he said: "Yes, they must
14 have done." It is clear there that he is not actually
15 remembering it; he is picking up a pattern of behaviour and
16 assuming that it would, therefore, have happened on that
17 date as well, which is exactly what he has done when he
18 wrote his statement in 1983 about what had happened on
19 October 16th, 1989.
20
21 Just in relation to Mr. Carroll, he also said that he had
22 been to the pickets of the Head Office in October 1987 and
23 1988. He said that in his statement and in evidence
24 in-chief. But when we were cross-examining him about that
25 he actually said -- this is on page 40 of day 237 -- we
26 asked: "Why do you remember that there were pickets on
27 those dates?" He said: "I am not positively certain, but
28 I imagine I think I have read something since, but my whole
29 recollection of 1987/88 is extremely hazy." Then we
30 asked: "So you do not even know that it is from your own
31 knowledge?" He said: "That is correct."
32
33 So, I just think there is a very real danger that the
34 evidence from Mr. Carroll is a mixture of other people's
35 recollections, what other people have told him, a large
36 part of supposition, confusing one picket with another,
37 making assumptions that if someone was handing out leaflets
38 on one picket they would have been doing it on another
39 picket and making assumptions about which particular
40 leaflets were being handed out on, for example, the 16th
41 October 1989.
42
43 MR. MORRIS: Can I just say one thing else about Terry
44 Carroll. If you remember, we questioned him about the memo
45 he had written to, I think it was Germany, about
46 anti-McDonald's day and I cannot remember where the
47 reference was but I am sure you would have taken some note
48 of it. I put it to him in the witness box that he
49 exaggerated and invented and just generally misdescribed
50 what he was describing in that memo. That should be taken
51 into consideration, if that was clear, going to his
52 credibility in describing these events that Ms. Steel has
53 been through.
54
55 MS. STEEL: If I just say that I read that part of the
56 transcripts and it is somewhere near the stuff about the
57 hurricane.
58
59 MR. JUSTICE BELL: Yes.
60
