Day 001 - 28 Jun 94 - Page 24


     
     1        I ask the question:  Are the defendants' denials of
              responsibility for the distribution of the leaflet
     2        complained of in this action in the least bit credible?
              I ask that now at this stage without your Lordship yet
     3        having heard any of the oral evidence at all.
 
     4        My Lord, if the answer to that question is no, they are
              not credible, there is a further and very important
     5        question:  What further material will the defendants see
              fit to distribute or prompt others to distribute if they
     6        are not restrained by injunction?
 
     7        My Lord, as an illustration of that problem, your Lordship
              may find it helpful to look at two documents in whose
     8        distribution Helen Steel is seen to have participated on
              16th October 1990.  I remind your Lordship that the writ
     9        was issued a month before that, on 20th September 1990,
              and served by a letter of that date.  Your Lordship will
    10        find those documents in that appendix to Mr. Terry
              Carroll's second statement at volume yellow 2, tab 3.
    11        Each of the documents in this appendix has written on it
              in Mr. Carroll's handwriting in most cases the date when
    12        it was distributed outside the second plaintiffs' head
              office at East Finchley.
    13
              My Lord, the first document in the appendix is the leaflet
    14        complained of.  It is marked (or should be marked) 189.
              It is the October 1989 one which is the words complained
    15        of in this action.  It is the foundation of the action.
              The second document is what I have called the shorter
    16        brother of the leaflet complained of.  It should have
              written in the right hand corner "Distributed outside head
    17        office 16.10.90".
 
    18   MR. JUSTICE BELL:  Yes.
 
    19   MR. RAMPTON:  My Lord, I am not going to read the whole of this
              for one reason, because I shrink from repeating these
    20        allegations more often than I have to in a public court,
              but I do draw your Lordship's attention to the fact that
    21        this is simply an abbreviated or summary version of the
              leaflet, longer leaflet, that I read earlier this
    22        morning.
 
    23        I draw your Lordship's attention, first of all, to the
              first two sentences in the first left-hand column beside
    24        the black triangle, and then a repetition of a sentence in
              the leaflet as the last sentence of that paragraph.
    25        I draw your Lordship's attention to the second black
              triangle and the introduction "Raping the earth" and what 
    26        follows down to the middle of the right hand column. 
              Perhaps your Lordship might read the whole of that 
    27        column?  It repeats the allegation that McDonald's forced
              the tribal people off their ancestral lands, for example.
    28
         MR. JUSTICE BELL:  Yes.
    29
         MR. RAMPTON:  Over the page, my Lord, the first black triangle,
    30        "Slaughtering the innocent", again a repetition of the
              allegation that animals are often killed by a knife when

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