Day 146 - 03 Jul 95 - Page 10
1 statement, the next one: "It is hard to remember what you
2 were doing on a particular day." Then she says this: "I
3 do have good reason for a firm belief I was not handing out
4 the leaflet. I do not particularly want to go further than
5 this because I am not giving evidence at present, but it
6 will be contested and it is not something that is new."
7
8 My Lord, if that is a reference to some reason for your
9 Lordship to believe that Ms. Steel did not hand out the
10 leaflet which is the subject of this action, and that
11 reason is not included in her witness statement, then she
12 must, in my respectful submission, make a further witness
13 statement setting out anything she has to say which goes
14 beyond the four walls of her witness statement on this
15 subject. The same, of course, applies to Mr. Morris though
16 to be fair to him -----
17
18 MR. JUSTICE BELL: I recall -- perhaps someone might try and
19 find it at some stage -- saying a few weeks ago that
20 I thought the Defendants' case was not a denial that they
21 handed out but, as it were, putting McDonald's to proof.
22 The reason I said that was that in the course of the
23 interlocutory hearings in the Autumn term of 1993 my
24 recollection is -- if anyone could find the reference,
25 I would be grateful -- when I made some reference to
26 publication being denied, Mr. Morris said, "It is not
27 denied", or words to that effect, and that he did not admit
28 participating in the publication.
29
30 It is so long ago my recollection may be quite unreliable
31 and wrong, but if anyone does have the reference, be it
32 Mr. Morris or if Mr. Atkinson could find it, I would be
33 grateful for it. But your point in any event is that if
34 there is a positive case in some way being put forward
35 which does not appear in the statement of Ms. Steel or
36 Mr. Morris, then that should be put right.
37
38 MR. RAMPTON: Because they are not entitled to keep it up their
39 sleeve until they give evidence; we may have to deal with
40 it, apart from anything else.
41
42 The position as I see it is exactly the same as your
43 Lordship's impression, save for this, that Ms. Steel
44 answered an interrogatory about one alleged occasion of
45 distribution when she says: "I do not remember doing so
46 but I do not think I did so", or words to that effect.
47
48 MR. JUSTICE BELL: Yes. What I have said just now was not
49 directed at Ms. Steel. It was my recollection of what
50 Mr. Morris said and whatever common cause they may have in
51 other factors. I have not put them necessarily in the same
52 categories so far as publication is concerned.
53
54 MR. RAMPTON: With that minor reservation that Ms. Steel simply
55 says she does not think so, I am taking it that we were
56 really just being put to proof. If there is a positive
57 case that they are going to make, then we must be told
58 about it.
59
60 My Lord, that is that out of the way. That, I think, means
